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Carnegie Endowment for International Peace 



DIVISION OF INTERNATIONAL LAW 

Pamphlet No. 24 



DOCUMENTS RELATING TO THE CONTRO 

VERSY OVER NEUTRAL RIGHTS BETWEEN 

THE UNITED STATES AND FRANCE, 

1797-1800 



PUBLISHED BY THE ENDOWMENT 

WASHINGTON, D. C. 

1917 



Carnegie Endowment for International Peace 

DIVISION OF INTERNATIONAL LAW 

Pamphlet No. 24 



DOCUMENTS RELATING TO THE CONTRO- 
VERSY OVER NEUTRAL RIGHTS BETWEEN 
THE UNITED STATES AND FRANCE, 

1797-1800 



PUBLISHED BY THE ENDOWMENT 

WASHINGTON, D. C. 

1917 



h 



Prefatory Note 

In President Wilson's address before the Congress on February 
26, 1917, he said that 

we must defend our commerce and the lives of our people in the 
midst of the present trying circumstances, with discretion but with 
clear and steadfast purpose. Only the method and the extent 
remain to be chosen upon the occasion, if occasion should indeed 
arise. Since it has unhappily proved impossible to safeguard our 
neutral rights by diplomatic means against the unwarranted in- 
fringements they are suffering at the hands of Germany, there 
may be no recourse but to armed neutrality, which we shall know 
how to maintain and for which there is abundant x\merican prec- 
edent. 

In view of the statements contained in the President's address setting 
forth the difificulties of the Government of the United States concern- 
ing its maritime commerce, it has been thought both interesting and 
timely to collect and to publish the accompanying documents relating 
to the maritime controversy with France during the presidency of 
John Adams. The present pamphlet, the first of a series, contains 
pertinent extracts from President Adams' messages, the respective 
replies of the Senate and the House, the laws enacted by Congress to 
meet the situation, and the proclamations issued by the President. By 
way of introduction, there is prefixed an extract from the learned note 
of J. C. Bancroft Davis' Treaties and Conventions hetzveen the United 
States and other Powers ( i/ 76-188'/), which gives in summary form 
the history of the controversy, and there is appended the convention 
of September 30, 1800, between the United States and France, nego- 
tiated during this controversy and which brought it to an end. 

James Brown Scott, 
Director of the Division of International Law. 

Washington, D. C, February 28, 1917. 



Contents 

PAGE 

Prefatory Note iii 

List of Authorities vii 

Extract from Notes to Treaties and Conventions, 1889, relating to the United 

States and France 1 

Extracts from Messages of President Adams, and Replies of the Senate 
and House : 

Special Session Message, May 16, 1797 27 

Address of the Senate, May 23, 1797 33 

Reply of the President, May 24, 1797 36 

Address of the House of Representatives, June 2, 1797 Zl 

Reply of the President, June 3, 1797 39 

First Annual Address, November 22, 1797 40 

Address of the Senate, November 27, 1797 41 

Reply of the President, November 28, 1797 43 

Address of the House of Representatives, November 28, 1797 43 

Reply of the President, November 29, 1797 44 

Second Annual Address, December 8, 1798 45 

Address of the Senate, December 11, 1798 47 

Reply of the President, December 12, 1798 48 

Address of the House of Representatives., December 13, 1798 49 

Reply of the President, December 14, 1798 51 

Third Annual Address, December 3, 1799 52 

Address of the Senate, December 9, 1799 53 

Address of the House of Representatives, December 9, 1799 53 

Reply of the President, December 10, 1799 55 

Fourth Annual Address, November 22, 1800 55 

Address of the House of Representatives, November 26, 1800 56 

Reply of the President, November 27, 1800 57 

Acts of Congress : 
An Act more effectually to protect the Commerce and Coasts of the United 

States, May 28, 1798 59 

An Act to suspend the commercial intercourse between the United States 

and France, and the dependencies thereof, June 13, 1798 59 

An Act to authorize the defence of the Merchant vessels of the United 

States against French depredations, June 25, 1798 62 

An Act in addition to the act more effectually to protect the Commerce 

and Coasts of the United States, June 28, 1798 64 

An Act respecting Alien Enemies, July 6, 1798 66 

An Act to declare the treaties heretofore concluded with France, no longer 

obligatory on the United States, July 7, 1798 68 

An Act further to protect the Commerce of the United States, July 9, 1798. 68 
An Act further to suspend the commercial intercourse between the United 

States and France, and the dependencies thereof, February 27, 1800.. 71 
An Act to continue in force the act intituled "An act to authorize the de- 
fence of the merchant vessels of the United States against French 

depredations," April 22, 1800 76 



Proclamations : page 

Proclamation of June 26, 1799 11 

Proclamation of May 9, 1800 78 

Proclamation of September 6, 1800 79 

Appendix : 

Convention of Peace, Commerce and Navigation between the United 

States and France, September 30, 1800 81 



VI 



List of Authorities 

American State Papers, Foreign Relations. Documents, Legislative and Execu- 
tive, of the Congress of the United States, 1789-1815. 6 vols., Washington, 
1833-1859. (Cited F. R. F.) 

Annals of the Congress of the United States. First to Eighteenth Congress, 
1789-1824. 42 vols., Washington, 1834-1856. (Cited Annals.) 

The Diplomatic Correspondence of the American Revolution, 1776-1783. Jared 
Sparks. Reprint, 6 vols., Washington, 1857. (Cited D. C. 1776-83.) 

The Diplomatic Correspondence of the United States of America, from the sign- 
ing of the Definitix'c Treaty of Peace, loth September, I/S3, to the adoption 
of the Constitution, March 4, 1789. 3 vols., Washington, 1837. (Cited D. C. 
1783-89.) 

Garden, Comte de. Histoire Generate des Traites de Paix et autres transactions 
principales entre toutes les Puissances de I'Europe depuis la Paix de West- 
phalie. 15 vols., Paris. (Cited Garden, Traites de Paix.) 

Malloy, William M. Treaties, Conventions, International Acts, Protocols and 
Agreements between the United States and Other Powers, 1776-1909. 2 
vols., Washington, 1910. (Cited Malloy.) 

Official Opinions of the Attorneys General of the United States. Washington, 
Government Printing Office. (Cited Op. At. Gen.) 

Pitkin, Timothy. A Political and Civil History of the United States, 1763-1797. 
2 vols.. New Haven, 1828. (Cited Pitkin's Political History.) 

Redacieur, No. 382, January 1, 1797. 

Register of Debates in Congress. 14 vols., Washington, 1825-1837. (Cited De- 
bates.) 

Richardson, James D. A Compilation of the Messages and Papers of the Presi- 
dents, 1789-1897. (Cited Richardson, Messages, 10 vols., Washington, 1896- 
1899.) 

Senate Documents. (Cited S. Doc.) 

Senate Resolutions. (Cited S. R.) 

The Statutes at Large of the United States of America. Washington, Govern- 
ment Printing Office. (Cited St. at L.) 

Treaties and Conventions concluded between the United States of America and 
other Powers since July 4, 1776. Washington, Government Printing Office, 
1889. (Cited Treaties and Conventions, 1889.) 

The Writings of George Washington. Jared Sparks. 12 vols., New York, 1847- 
1848. (Cited Washington's Writings.) 

The Writings of Thomas Jefferson. Paul Leicester Ford. 10 vols.. New York, 
1892-1899. (Cited Jefferson's Works.) 

Note. — Many of the above citations are not those in general use, but as they 
are reproductions from older publications, it has not been deemed wise to 
change them to conform to modern practice. 



DOCUMENTS RELATING TO THE CONTROVERSY OVER NEUTRAL 
RIGHTS BETWEEN THE UNITED STATES AND FRANCE, 1797-1800. 



Extract from Notes to Treaties and Conventions, 1889, relating to 
the United States and France^ 

On the 25th of January, 1782, the Continental Congress passed an 
act authorizing and directing Dr. Franklin to conclude a Consular 
Convention with France on the basis of a scheme which was sub- 
mitted to that body. Dr. Franklin concluded a very different conven- 
tion, which Jay, the Secretary for Foreign Affairs, and Congress did 
not approve.- Franklin having returned to America, the negotiations 
then fell upon Jefferson, who concluded the Convention of 1788. This 
was laid before the Senate by President Washington on the 11th of 
June, 1789. 

On the 21st of July it was ordered that the Secretary of Foreign 
Affairs attend the Senate to-morrow and bring with him such papers 
as are requisite to give full information relative to the Consular Con- 
vention between France and the United States." Jay was the Secretary 
thus "'ordered." He was holding over, as the new Department was not 
then created. The Bill to establish a Department of Foreign Affairs 
had received the assent of both Houses the previous day,* but had not 
yet been approved by the President.^ Jay appeared, as directed, and 
made the necessary explanations.*^ The Senate then Resolved that the 
Secretary of Foreign Affairs under the former Congress be requested 
to peruse the said Convention, and to give his opinion how far he con- 
ceives the faith of the United States to be engaged, either bv former 



^Treaties and Conventions, 1889. 
21 D. C, 1783-89, 232. 
^Annals 1st Sess. 1st Cong., 52. 
nh., 685. 
5Ib., 52. 
ejb., 

Note. — The footnotes in this section are reproduced exacti> as they appear in 
the original document excepting necessary changes in exponents. 



2 THE CONTROVERSY OVER NEUTRAL RIGHTS 

agreed stipulations or negotiations entered into by our Minister at the 
Court of Versailles, to ratify in its present sense or form the Conven- 
tion now referred to the Senate/ Jay made a written report on the 
27th of July that in his judgment the United States ought to ratify 
the Convention ;- and the Senate gave its unanimous consent.^ The 
Statute to carry the Convention into effect was passed the 14th of 
April, 1792.-' 

Three articles in the treaties with France concluded before the Con- 
stitution became the cause of difference between the two Powers : 

1. Article XI of the Treaty of Alliance, by which the United States, 
for a reciprocal consideration, agreed to guarantee to the King of 
France his possessions in America, as well present as those which 
might be acquired by the Treaty of Peace. 

2. Article XVII of the Treaty of Amity and Commerce, providing 
that each party might take into the ports of the other its prizes in 
time of war, and that they should be permitted to depart without 
molestation ; and that neither should give shelter or refuge to vessels 
which had made prizes of the other unless forced in by stress of 
weather, in which case they should be required to depart as soon as 
possible. 

3. Article XXII of the same Treaty, that foreign privateers, the 
enemies of one party, should not be allowed in the ports of the other 
to fit their ships or to exchange or sell their captures, or to purchase 
provisions except in sufficient quantities to take them to the next port 
of their own State. 

JefiFerson, who was the Minister of the United States at the Court of 
Versailles when the Constitution went into operation, was appointed 
Secretary of State by President Washington on the 26th of September, 
1789. He accepted the appointment and presented Short to Neckar 
as charge d'affaires of the United States.^ 

Gouverneur Morris, of New York, who had been in Europe from 
the dawn of the French revolution, and had been in regular friendly 
correspondence with Washington," was appointed Minister to France 
on the 12th of January, 1792. At the time of the appointment Wash- 



^Annals 1st Sess. 1st Cong., 52. 

2Ib., 54. 

3Ib. 

*1 St. at L., 254. 

■'•3 Jefferson's Works, 119. 

61 F. R. R, 379-399. 



BETWEEN THE UNITED STATES AND FRANCE, 1797-1800 3 

ington wrote him a friendly and admonitory letter: "The official com- 
munications from the Secretary of State accompanying this letter will 
convey to you the evidence of my nomination and appointment of you 
to be Minister Plenipotentiary of the United States at the Court of 
France ; and my assurance that both were made with all my heart will, 
I am persuaded, satisfy you as to that fact. I wish I could add that 
the advice and consent flowed from a similar source. * * * Not to 
go further into detail I will place the ideas of your political adversaries 
in the light in which their arguments have presented them to me, 
namely, that the promptitude with which your lively and brilliant 
imagination is displayed allows too little time for deliberation and 
correction, and is the primary cause of those sallies which too often 
offend, and of that ridicule of character which begets enmity not easy 
to be forgotten, but which might easily be avoided if it was under the 
control of more caution and prudence. In a word, that it is indispen- 
sably necessary that more circumspection should be observed by our 
representatives abroad than they conceive you are inclined to adopt. 
In this statement you have the pros and cons. By reciting them I give 
you a proof of my friendship if I give you none of my policy or 
judgment."^ 

Morris entered upon the duties of his office with these wise cautions 
in his hand, but he did not succeed in gaining the good-will of a suc- 
cession of governments with which he had little sympathy :^ for he 
writes Jefferson on the 13th of February, 1793 : "Some of the leaders 
here who are in the diplomatic committee hate me cordially, though it 
would puzzle them to say why."^ 

When Morris was appointed Minister, the commercial relations 
between the two countries were satisfactory to neither. Exceptional 
favors to the commerce of the United States, granted by royal decree 
in 1787 and 1788,* had been withdrawn, and a jealousy was expressed 
in France in consequence of the Act of Congress putting British and 
French commerce on the same basis in American ports. ° No excep- 
tional advantages had come to France from the war of the revolution, 
and American commerce had reverted to its old British channels. 



110 Washington's Writings, 216-18. 

21 F. R. R, 412. 

3Ib.. 350. 

4lb., 113, 116. 

^See Short's correspondence, lb., 120. 



4 «THE COXTROVERSV OVER NEUTRAL RIGHTS 

Jefferson greatly desired to conclude a convention with France which 
should restore the favors which American commerce had lost, and 
bring the two countries into closer connection. On the 10th of March, 

1792, he instructs Morris: '*We had expected, ere this, that in conse- 
quence of the recommendation of their predecessors, some overtures 
would have been made to us on the subject of a Treaty of commerce. 
* Perhaps they expect that we should declare our readiness to meet 
on the ground of Treaty. If they do, we have no hesitation to declare 
it."' Again, on the 28th of April, he writes: "It will be impossible 
to defer longer than the next session of Congress some counter regu- 
lations for the protection of our navigation and commerce. I must 
entreat you, therefore, to avail yourself of every occasion of friendly 
remonstrance on this subject. If they wish an equal and cordial treaty 
with us, we are ready to enter into it. We would wish that this could 
be the scene of negotiation."- Again, on the 16th of June, he writes: 
"That treaty may be long on the anvil ; in the mean time we cannot 
consent to the late innovations without taking measures to do justice 
to our own navigation."^ 

The great revolution of the 10th of August, and the imprisonment 
of the King, were duly reported by Morris ;* and Jeft'erson replied on 
the 7th of November: "It accords with our principles to acknowledge 
any government to be rightful which is formed by the will of the 
nation substantially declared. * * There are some matters which 
I conceive might be transacted with a government de facto; such, for 
instance, as the reforming the unfriendly restrictions on our commerce 
and navigation."^ 

To these instructions, Morris answered on the 13th of February, 

1793, three weeks after the execution of the King, and a fortnight 
after the declaration of war against England: "You had * in- 
structed me to endeavor to transfer the negotiation for a new treaty 
to America, and if the revolution of the 10th of August had not taken 
place, * I should, perhaps, have obtained what you wished. * * * 
The thing you wished for is done, and you can treat in America if 



ijefferson's Works, 338-9. 

2Ib., 356. 

3Ib., 449. 

n F. R. F., 333. 

53 Jefferson's Works, 489. 



BETWEEN THE UNITED STATES AND FRANCE, 1797-1800 5 

you please."^ In the same dispatch, Morris spoke of the "sending out 
of M. Genet, without mentioning to me a syllable either of his mission 
or his errand," and said that "the pompousness of this embassy could 
not but excite the attention of England. "- 

On the 7th of March, Morris wrote to Jefferson that "Genet took 
out with him three hundred blank commissions, which he is to dis- 
tribute to such as will fit out cruisers in our ports to prey on the 
British commerce," and that he had already mentioned the fact to 
Pinckney, and had desired him to transmit it.^ 

The new condition of affairs caused by the war induced the Presi- 
dent to submit a series of questions to the members of his cabinet for 
their consideration and reply.* It would seem from a passage in Mr. 
Jeft'erson's Ana that the second of these questions — "Shall a Minister 
from France be received?" was suggested by the Secretary of State. ^ 
An account of the meeting of the cabinet at which these questions 
were discussed will be found in vol. 9 Jefferson's Works, page 142. 

The first two questions were unanimously answered in the affirma- 
tive — that a proclamation for the purpose of preventing citizens of the 
United States from interfering in the war between France and Great 
Britain should issue, and that Genet should be received ; but by a com- 
promise, the term "neutrality" was omitted from the text of the pro- 
clamation." 

When Genet landed in Charleston, on the 8th of April, 1793 — even 
when he arrived in Philadelphia — it may be believed that Washington 
contemplated the probability of closer relations with France, and the 
possibility of a war with Great Britain. The relations with the latter 
Power were in a critical condition. British garrisons were occupying 
commanding positions on our lake frontiers, within the territory of 
the United States, in violation of the Treaty of 1783 ; and an Indian 
quarrel was on the President's hands, fomented, as he thought, by 
British intrigue.' 

The policy which Washington favored, denied France nothing that 
she could justly demand under the Treaty, except the possible enforce- 



n F. R. R, 350. 

2Ib. 

n F. R. F., 354. 

410 Washington's Works, 337, 533. 
59 Jefferson's Works. 140. 
63 Jefferson's Works, 591. 

^10 Washington's Works, 239. See also Morris's opinion, 1 F. R. F., 412, and 
Randolph's, lb., 678. 



6 THE CONTROVERSY OVER NEUTRAL RIGHTS 

ment of the provision of guarantee; and that provision was waived 
by Genet in his first interview with Jefferson. "We know," he said, 
"that under present circumstances we have a right to call upon you for 
the guarantee of our islands. But we do not desire it."^ 

On the other hand, it offered to Great Britain neutrality only, with- 
out a right of asylum for prizes, this being conferred exclusively by 
Treaty upon France ; and it demanded the relinquishment of the Forts 
on the lakes and the abandonment of impressment. 

It is not likely that the purposes of Genet's mission were fully com- 
prehended by the American Government. By a Treaty in 1762 (first 
made public in 1836),- France ceded Louisiana to Spain. Genet was 
instructed to sound the disposition of the inhabitants of Louisiana 
towards the French Republic, and to omit no opportunity to profit by 
it should circumstances seem favorable. He was also to direct particu- 
lar attention to the designs of the Americans upon the Mississippi.^ 

In one of his letters Genet says of himself, "'I have been seven years 
a head of the bureau at Versailles, under the direction of \^ergennes ; 
I have passed one year at London, two at Vienna, one at Berlin, and 
five in Russia."* His dealings with the LTnited States showed that he 
had gathered little wisdom from such varied experience. 

Before he left Charleston, which at that time had few regular means 
of communication with Philadelphia, he had armed and commissioned 
several vessels, and these vessels, dispatched to sea, had made many 
prizes.^ On his arrival at Philadelphia, Jefferson met him with com- 
plaints ; but he justified his course at Charleston and denounced an 
interference with it as a "State Inquisition" f and, admitting what was 
complained of, he contended that he had not exceeded the rights con- 
ferred upon his country by the Treaty of 1778. 

The Secretary of State disputed his reasoning; upon which he 
retorted : "I wish, Sir, that the Federal Government should observe, 
as far as in their power, the public engagements contracted by both 
nations ; and that by this generous and prudent conduct, they will give 
at least to the world the example of a true neutrality, which does not 
consist in the cowardly abandonment of their friends, in the moment 



^3 Jefferson's Works, 563. 

-6 Garden, Traites de Paix, 266. 

^8 Garden, Traites de Paix, 40-41. 

n F. R. R, 183. 

•'■lb., 150. 

ejb. 



BETWEEN THE UNITED STATES AND FRANCE, 1797-1800 7 

when danger menaces them, but in adhering strictly, if they can do 
no better, to the obHgations they have contracted with them."^ He 
continued to claim and exercise the right of using the ports of the 
United States as a base for warhke operations, and, as the discussions 
went on, his expressions became stronger, and more contemptuous 
toward the President and the Government of the United States. 

His instructions contemplated a political alliance between the two 
republics.- This was never proposed. He did propose, however, the 
re-arrangement of the debt due to France on the basis of the payment 
of a larger installment than was required by the contract, to be ex- 
pended in the purchase of provisions in the United States : — and the 
conclusion of a new commercial Treaty. Jefferson declined the former, 
and as to the latter said that the participation in matters of Treaty 
given by the Constitution to the Senate would delay any definite an- 
swer.^ 

At length his conduct became so violent and indecent (Garden 
speaks of Washington as "personnellement insulte dans les actes diplo- 
matiques de M. Genet")* that Jefferson, on the 15th of August, 1793, 
instructed Morris to demand his recall. One of the first acts of his 
successor was to demand his arrest for punishment, which was refused 
by the Government of the United States "upon reasons of law and 
magnanimity."^ 

It was several months before the request for his recall could be 
complied with. Meanwhile, the United States being without a navy, 
prizes continued to be brought into their ports, and French Consuls 
attempted to hold prize courts within their jurisdiction.*' Genet also 
applied himself diligently at this time to the greater scheme respecting 
the Louisianas, which Garden regards as the main object of his mission. 
An armed expedition was organized in South Carolina and Georgia 
for an attack upon Florida.'^ Garden says that he had assurances that 
all Louisiana desired to return under the jurisdiction of France, and he 
made serious preparations for conquering it. He prepared a co-opera- 
tion of naval forces, which were to appear off the coast of Florida. 



n F. R. R, 151. 

2Ib., 708. 

3Ib., 568. 

*8 Garden, Traites de Paix, 43, "personally insulted by the acts of Mr. Genet." 

n F. R. F., 709. 

6Ib., 147. 

nh., 309, 426. 



8 *THE CONTROVERSY OVER NEUTRAL RIGHTS 

The principal land forces were to embark from Kentucky, and, descend- 
ing the Ohio and the ^Jississippi, were to fall unexpectedly upon New 
Orleans.'"^ The action of the Government and the recall of Genet put 
a stop to these expeditions against Spain, although Jefferson at that 
time thought a war with Spain inevitable.'- 

In retaliation the Executive Provisory Council of the French Re- 
public demanded the recall of Morris.^ In communicating the fact to 
him Secretary Randolph said : "You have been assailed, however, 
from another quarter. Nothing has ever been said to any officer of 
our Government by the Ministers of France which required attention 
until the 9th day of April last, when Mr. Fauchet communicated to 
me a part of his instructions, indirectly but plainly making a wish for 
your recall. In a few days afterwards a letter was received from the 
Executive Provisory Council, expressive of the same wish. Mr. Fau- 
chet was answered by me, under the direction of the President, as I 
am sure your good sense will think inevitable, that the act of reci- 
procity demanded should be performed."* 

Washington wrote Morris, when his successor went out: 'T have 
so far departed from my determination as to be seated in order to 
assure you that my confidence in, and friendship and regard for you, 
remain undiminished * '•' and it will be nothing new to assure you 
that I am always and very sincerely, yours, affectionately ;"^ and when 
his correspondence was called for by the Senate, Washington himself, 
in association with Hamilton and Randolph, went over it (and it was 
voluminous) in order that nothing might be communicated which 
would put in peril those who had given him infonnation, or which 
would re-act upon him in France.® 

When the war broke out in February, 1793, Morris wrote Jefferson: 
"As to the conduct of the war, I believe it to be on the part of the 
enemy as follows : first, the maritime powers will try to cut off all 
supplies of provisions, and take France by famine ; that is to say, 
excite revolt among the people by that strong lever. * * It is not 
improbable that our vessels bringing provisions to France may be cap- 



^8 Garden. Traites de Paix, 42. More detailed account of this affair will be 
found in 2 Pitkin's Political History, 379. 
-3Jeffer son's Works, 591. 
31 F. R. F., 463. 

^Randolph to Morris, April 29, 1794, MS. Dept. of State. 
n F. R. F., 409. 
^Randolph to Morris, April 29, 1794, MS. Dept. of State. 



BETWEEN THE UNITED STATES AND FRANCE, 1797-1800 9 

tured and taken into England."^ His prescience was accurate. Such 
instructions were given to British men-of-war on the 8th day of June, 
1793. The British measure, however, was anticipated by a decree of 
the National Convention of the 9th of May, authorizing ships of war 
and privateers to seize and carry into the ports of the Repubhc mer- 
chant-vessels which are wholly or in part loaded with provisions, being 
neutral property bound to an enemy's port, or having on board mer- 
chandise belonging to an enemy.- On the 23d of the same month the 
vessels of the United States were exempted from the operation of this 
decree ;"' but on the 5th of December, 1793, President Washington sent 
a special message to Congress, in which he said : "The representa- 
tive and executive bodies of France have manifested generally a 
friendly attachment to this country ; have given advantages to our 
commerce and navigation, and have made overtures for placing these 
advantages on permanent ground ; a decree, however, of the National 
Assembly, subjecting vessels laden with provisions to be carried into 
their ports, and making enemies' goods lawful prize in the vessel of a 
friend, contrary to our Treaty, though revoked at one time as to the 
United States, has been since extended to their vessels also, and has 
been recently stated to us."* 

An embargo was laid upon vessels in the port of Bordeaux, "some 
exceptions in favor of those vessels said to be loaded on account of the 
republic" being made.^ Morris was promised daily that the embargo 
should be taken off, and indemnification be granted for the losses,^ but 
it was not done, and "a number of Americans," injured by it, com- 
plained to the Minister." The embargo was not removed until the 18th 
of November, 1794.^ 

Monroe succeeded Morris, and on the 12th of February, 1795, wrote: 
"Upon my arrival here I found our affairs * * in the worst possible 
situation. The Treaty between the two Republics was violated. Our 
commerce was harassed in every quarter and in every article, even that 
of tobacco not excepted. * * Our former Minister was not only 
without the confidence of the government, but an object of particular 



11 F. R. F., 350. 
2Ib., 244. 

3Ib. 

4Ib.. 141. 
Hh., 401. 
6Ib., 403. 
nh., 405. 
8Ib., 689. 



10 THE COXTROX'ERSV OVER NEUTRAL RIGHTS 

jealousy and distrust. In addition to which it was suspected that we 
were about to abandon them for a connection with England, and for 
which purpose principally it was believed that Mr. Jay had been sent 
there."^ 

Monroe's and Jay's services commenced nearly simultaneously. Mon- 
roe's commission was dated the 28th of May, and Jay's the 19th of 
April, 1794. Jay's Treaty was proclaimed the 29th of February, 1796. 
Monroe was not recalled until the 22d of the following August,- but 
the angry correspondence which preceded his recalP may be said to 
have been caused by a radical difference of opinion respecting his col- 
league's mission to London. 

Whatever may have been the feeling toward Monroe's predecessor, 
he himself was well received. The Committee of Public Safety wel- 
comed him ''with the most distinguished marks of affection," and 
offered him a house, which offer he declined.* He remained in rela- 
tions of personal good-will with the different Governments of France, 
and did not fail to urge in his correspondence with the Secretary of 
State the policy of settling the differences with Great Britain by an 
alliance with France :^ nor did he conceal those opinions from the 
Government to which he w^as accredited.® While the relations between 
Great Britain and the United States were balancing themselves in 
London on the issue of Jay's Treaty, those between the L^nited States 
and France were held in like suspense in Paris. 

Monroe endeavored to obtain from Jay a knowledge of the negotia- 
tions and a copy of the Treaty. Jay refused to communicate inforrna- 
tion, except in confidence, and Monroe declined to receive it unless he 
should be at libertv to communicate it to the French Government.'^ 
A copy was, however, officially communicated to the French Minister 
at Washington.'' When the fate of that Treaty was ensured, the 
director}^ at first resolved (and so informed Monroe) to consider the 
alliance at an end, but they gave no formal notice to that effect.'' In 



11 F. R. F., 694. 
2Ib., 741. 
3Ib., 658-741. 
*lh., 675. 

sSee, among others, his letters in 1 F. R. F. of Nov. 20, 1794, 685; Dec 2. 
1794, 687; Jan. 13. 1795, 691; Feb. 12, 1795, 694; and March 17, 1795, 700. 

6Ib., 700. 

nh., 517, 691, 700. 

8Ib., 594. 

9Ib., 730. 



BETWEEN THE UNITED STATES AND FRANCE, 1797-1800 11 

lieu of that they lodged with him, on the 11th of March, 1796, a sum- 
mary exposition of the complaints of the French Government against 
the Government of the United States, namely, (1.) That the United 
States Courts took jurisdiction over French Prizes, in violation of the 
Treaty of 1778. (2.) That British men-of-war were admitted into 
American ports in violation of the same article. (3.) That the United 
States had failed to empower any one to enforce consular judgments, 
which was alleged to be a violation of the Convention of 1788. (4.) 
That the Captain of the "Cassius" had been arrested in Philadelphia 
for an offense committed on the high seas. (5.) That an outrage had 
been committed on the effects of the French Minister within the waters 
of the United States. (6.) That by Jay's Treaty the number of articles 
contraband of war, which a neutral might not carry, had been in- 
creased above the list specified in the treaties with France, which was 
a favor to England. (7.) That provisions had been recognized in Jay's 
Treaty as an article contraband of war.^ 

On the 2d of July, 1796, the directory decreed that all neutral or 
allied powers should, without delay, be notified that the flag of the 
French Republic would treat neutral vessels, either as to confiscation, 
or to searches, or capture, in the same manner as they shall suffer the 
English to treat them.- Garden says that a second decree relating to 
the same object was made on the 16th of the same month, and that 
neither decree has been printed. The translation of the first one is 
printed among the American documents cited above, as also the trans- 
lation of a note transmitting it to Monroe.^ Garden refers to Ron- 
donneau, Repertoire general de la Legislation frangaise. Vol. II, p. 
311, for the text of the second.* 

Pickering, the successor of Randolph, noticed the complaints of the 
French Government in elaborate instructions to Pmckney, Monroe's 
successor, on the 16th of January, 1797.° His replies were in sub- 
stance, (1.) That the courts had taken jurisdiction over no prizes, 
except when they were alleged to have been made in violation of the 
obligations of the United States as a neutral, and that the cases in 
which interference had taken place were few in number and insignifi- 



11 F. R. R, 732-3. 

2Ib., 577. 

3Ib., 739. 

*6 Garden, Traites de Paix, 112, note. 

=1 F. R. F., 559. 



12 JHE CONTROVERSY OVER NEUTRAL RIGHTS 

cant. (2.) That it was no violation of the Treaty with France to 
admit British ships of war into American ports, provided British 
privateers and prizes were excluded. (3.) That there was no Treaty 
obUgation upon officers of the United States to enforce French con- 
sular judgments, and that the clause referred to was exceptional and 
ought not to be enlarged by construction. (4.) The facts respect- 
ing the "Cassius"' were stated in order to show that no offense had 
been committed. (5.) That the executive had taken as efficacious 
measures as it could to obtain satisfaction for the outrage upon Fau- 
chet. (6.) That the United States would gladly have put the defini- 
tion of contraband on the same basis in its Treaties with both coun- 
tries ; but that Great Britain would not consent, and an independent 
arrangement had been made which did not affect the other Treaty 
arrangement made with France. (7.) That the stipulation as to pro- 
visions, without admitting the principle that provisions were contra- 
band, would tend to promote adventures in that article to France. 

A correspondence respecting the same subject had also taken place 
at Washington, in which the same complaints of the directory were 
repeated and other complaints were urged. ^ To the latter Pickering 
responded thus, in the same note in which he noticed the complaints 
which had been made in Paris: (I.) Charge. — That the negotiation 
at London had been "enveloped from its origin in the shadow of 
mystery, and covered with the veil of dissimulation."- Reply. — "To 
whom was our Government bound to unveil it? To France or to her 
Minister? '-^ Did we stipulate to submit the exercise of our sover- 
eignty * * to the direction of the Government of France? Let 
the Treaty itself furnish an answer."-'' (2.) Charge. — That the Gov- 
ernment of the I'Uited States had made an insidious proclamation of 
neutrality. Reply. — That "this proclamation received the pointed ap- 
probation of Congress," and "of the great body of the citizens of the 
United States." (3.) Charge. — That the United States "suffered Eng- 
land, by insulting its neutrality, to interrupt its commerce with France." 
Reply. — That a satisfaction had been demanded and obtained in a 
peaceable manner — by Treaty, and not by war. (4.) Cliarge. — That 
they "allowed the French colonies to be declared in a state of block- 
ade." Reply. — That the United States, as a neutral, could only ques- 



11 F. R. P., 579. 
2Ib., 581. 
"lb.. 561. 



BETWEEN THE UNITED STATES AND FRANCE, 1797-1800 13 

tion the sufficiency of a blockade, and that they would do so when 
facts should warrant it. (5.) Charge. — That the Ubited States eluded 
advances for renewing the Treaties of commerce. Reply. — That Genet 
was the first French Minister who had been empowered to treat on 
those subjects, and the reasons for not treating with him were well 
known ; that his successor, Fauchet, had not been so empowered, and 
that the United States had always been ready to negotiate with Adet, 
and all obstacles had come from him since the ratification of Jay's 
Treaty. (6.) Charge. — That the United States were guilty of ingrati- 
tude towards France. Reply.- — That the United States, appreciating 
their obligations to France, had done something themselves towards 
the achievement of their independence ; that, "of all the loans received 
from France in the American war, amounting nearly to 53,000,000 
livres, the United States under their late Government had been enabled 
to pay but 2,500,000 livres ; that the present Government, after paying 
up the arrearages and installments mentioned by Mr. Jefferson, had 
been continually anticipating the subsequent installments until, in the 
year 1795, the whole of our debt to France was discharged by the 
payment of 11,500,000 livres, no part of which would have become due 
until September 2, 1796, and then only 1,500,000, the residue at subse- 
quent periods, the last not until 1802." (7.) Charge. — That English 
vessels were impressing American seamen. Reply. — That this con- 
cerned the Government of the United States only ; and that as an 
independent nation they are not obliged to account to any other power 
respecting the measures which they judge proper to take in order to 
protect their own citizens. Other less important points were dis- 
cussed, as will be seen by referring to the correspondence. 

The course of the French was giving rise to many claims — for spolia- 
tions and maltreatment of vessels at sea, for losses by the embargo 
at Bordeaux, for the non-payment of drafts drawn by the colonial 
administrations, for the seizure of cargoes of vessels, for non-per- 
formance of contracts bv government agents, for condemnation of 
vessels and their cargoes in violation of the provisions of the Treaties 
of 1778, and for captures under the decree of May 9, 1793. Skipwith, 
the Consul-General of the United States in France, was directed to 
examine into and report upon these claims ; his report was made on 
the 20th November, 1795.' 

n F. R. F., 753-758. 



14 JHE COXTROVERSY OVER NEUTRAL RIGHTS 

On the 9th of September, 1796, Charles Cotesworth Pinckney was 
sent out to replace Monroe, with a letter from the Secretary of State, 
saying: "The claims of the American merchants on the French Re- 
public are of great extent, and they are waiting the issue of them, 
through the public agents, with much impatience. Mr. Pinckney is 
particularly charged to look into this business, in which the serious 
interests, and, in some cases, nearly the whole fortunes of our citi- 
zens are involved."^ But the directory, early in October, 1793, recalled 
their Minister from the United States.- Before Pinckney could arrive 
in France, they, "in order to strike a mortal blow, at the same moment, 
to British industry and the profitable trade of Americans in France, 
promulgated the famous law of the 10th Brumaire, year 5 (31st Oc- 
tober, 1796), whereby the importation of manufactured articles, 
whether of English make or of English commerce, was prohibited both 
by land and sea throughout the French Republic";^ and, on his arrival, 
they informed Monroe that the directory would no longer recognize or 
receive a Minister Plenipotentiary from the United States, until after 
a reparation of the grievances demanded of the American Govern- 
ment, and which the French Republic has a right to expect."* 

Pinckney was thereupon ordered to quit France under circumstances 
of great indignity,^ and Monroe took his formal leave on the 30th 
December, 1796. In reply to his speech at that time, the president of 
the directory said : "By presenting, this day, to the Executive Direc- 
tory your letters of recall, you offer a very strange spectacle to Eu- 
rope. France, rich in her freedom, surrounded by the train of her 
victories, and strong in the esteem of her allies, will not stoop to cal- 
culate the consequences of the condescension of the American Gov- 
ernment to the wishes of its ancient tyrants. The French Republic 
expects, however, that the successors of Columbus, Raleigh, and Penn, 
always proud of their liberty, will never forget that they owe it to 
France. They will weigh, in their wisdom, the magnanimous friend- 
ship of the French people with the crafty caresses of perfidious men, 
who meditate to bring them again under their former yoke. Assure 
the good people of America, Mr. Minister, that, like them, we adore 



1] F. R. R, 742. 

2lb.. 745. 

^6 Garden, Traites de Paix, 117. 

M F. R. F., 746. 

''2 lb., 710. 



BETWEEN THE UNITED STATES AND FRANCE, 1797-1800 15 

liberty ; that they will always possess our esteem, and find in the French 
people that republican generosity which knows how to grant peace as 
well as to cause its sovereignty to be respected."^ 

The moment this speech was concluded, the directory, accompanied 
by the Diplomatic Corps, passed into the audience-hall to receive from 
an Aide-de-Camp of Bonaparte the four Austrian colors taken at the 
battle of Areola.^ The Diplomatic Corps may, therefore, be pre- 
sumed to have witnessed this indignity. 

.\ French writer of authority thus characterizes these incidents : 
"Ainsi ce gouvernement pretendait que les £tats-unis accedassent a 
ses demandes sans examen, sans discussion prealable; a cet outrage, 
le gouvernement franqais en ajouta un autre: lorsque M. Monroe prit 
publiquement conge du directoire executif, Barras, qui en etait le pre- 
sident, lui adressa un discours rempli d'expressions qui durent choquer 
les Americains."" 

In closing the sketch of what took place during the administration 
of President Washington, it only remains to say that in addition to 
the acts of the 2d of July and the 31st of October, 1796, already re- 
ferred to, the Executive Directory, on the 2d of March, 1797, decreed 
that all neutral ships with enemy's property on board might be cap- 
tured ; that enemy's property in neutral bottoms might be confiscated ; 
that the Treaty of 1778 with the United States should be modified by 
the operation of the favored nation clause, so as to conform to Jay's 
Treaty, in the following respects: (1) That property in American 
bottoms not proved to be neutral should be confiscated; (2) That the 
list of contraband of war should be made to conform to Jay's Treaty ; 
(3) That Americans taking a commission against France should be 
treated as pirates : and that every American ship should be good prize 
which should not have on board a crew-list in the form prescribed by 
the model annexed to the Treaty of 1778, the observance of which 
was required by the 25th and 27th Articles.* The 25th Article made 
provision for a passport, and for a certificate of cargo. The 27th 



11 F. R. P., 747. 

2Redacteur, No. 382, Jan. 1, 1797. 

^6 Garden, Traites de Paix, 118. "Thus this government pretended that the 
United States should accede to its demands without examination, without dis- 
cussion. To this outrage the French Government added another : While Mr. 
Monroe took public leave of the Executive Directory, Barras, who was the 
president, made him a speech full of expressions calculated to shock the Amer- 
icans." 

*2 F. R. F, 31. 



16 -THE CONTROVERSY OVER NEUTRAL RIGHTS 

Article took notice only of the passport ; and the model of the passport 
only was annexed to the Treaty. The Treaty required that the pass- 
port should express the name, property, and bulk of the ship, and the 
name and place of habitation of the master, but it made no provision 
respecting the crew-list. After the adoption of the Constitution, Con- 
gress, by general laws, made provision for national official documents, 
for proof of, among other things, the facts referred to in the 25th and 
27th Articles of the Treaty with France. The name of the ship was 
to be painted on her stern, and to be shown in the Register;^ her own- 
ership was to be proved on oath, and be stated in the Register,- and 
her tonnage was to be stated in the same instrument, as the result of 
our official survey.^ Equally cogent laws were made to ensure an 
accurate crew-list.* It is probable, therefore, that when the decree of 
March 2, 1797, was made, there was not an American ship afloat with 
the required document; and it is equally probable that the French 
Government, which, with the whole civilized world, had acquiesced in 
the sufficiency of the new national system, knew that to be the fact. 
The decree was, therefore, equivalent in its operation to a declaration 
of maritime war against American commerce. The United States had 
at that time no navy against which such a war could be carried on. 

The difficulties in dealing with these questions were increased by the 
attitude of other foreign powers. The Batavian Republic besought the 
United States Minister to represent to his Government "how useful it 
would be to the interests of the inhabitants of the two republics, that 
the United States should at last seriously take to heart the num- 
berless insults daily committed on their flag by the English" f and the 
Spanish Minister at Philadelphia formally remonstrated against the 
British Treaty of 1794 as a violation of a Treaty with Spain concluded 
a year later, because it did not make the neutral flag secure the goods ; 
because it extended the list of contraband ; and because it assumed 
that Great Britain had the right of navigation of the Mississippi.® 

President Adams, in his speech at the opening of the first session 
of the Fifth Congress (May 16, 1797), said: "With this conduct of 



11 St. at L., 288. 

2Ib., 289. 

3Ib., 290; see also lb., 55, et seq. 

"lb., 31. 

52 F. R. F., 13. 

6Ib., 14. 



BETWEEN THE UNITED STATES AND FRANCE, 1797-1800 17 

the French Government it will be proper to take into view the public 
audience given to the late minister of the United States, on his taking 
leave of the Executive Directory. The speech of the President dis- 
closes sentiments more alarming than the refusal of a minister, because 
more dangerous to our independence and union, and at the same time 
studiously marked with indignities towards the Government of the 
United States. It evinces a disposition to separate the people of the 
United States from the Government ; to persuade them that they have 
different affections, principles, and interests from those of their fel- 
low-citizens whom they themselves have chosen to manage their com- 
mon concerns ; and thus, to produce divisions fatal to our peace. Such 
attempts ought to be repelled with a decision which shaH convince 
France and the world that we are not a degraded people, humiliated 
under a colonial spirit of fear and sense of inferiority, fitted to be the 
miserable instruments of foreign influence, and regardless of national 
honor, character, and interest. * * * 

"The diplomatic intercourse between the United States and France 
being at present suspended, the Government has no means of obtaining 
official information from that country ; nevertheless there is reason to 
believe that the Executive Directory passed a decree on the 2d of 
March last, contravening, in part, the treaty of amity and commerce 
of 1778. injurious to our lawful commerce, and endangering the lives 
of our citizens. A copy of this treaty will Be laid before you. 

"While we are endeavoring to adjust all of our differences with 
France, by amicable negotiation, the progress of the war in Europe, the 
depredations on our commerce, the personal injuries to our citizens, 
and general complexion of affairs, render it my indispensable duty to 
recommend to your consideration eft'ectual measures of defence.^ 

"It is impossible to conceal from ourselves, or the world, what has 
been before observed, that endeavors have been employed to foster and 
establish a division between the government and people of the United 
States. To investigate the causes which have encouraged this attempt 
is not necessary. But to repel, by decided and united counsels, insinua- 
tions so derogatory to the honor, and aggression so dangerous to the 
Constitution, union, and even independence of the nation, is an indis- 
pensable duty."- 

The answer of the House to this speech was in a conciliatory spirit ; 



^Annals Sth Cong., 
2Ib., 59. 



18 ^HE CONTROVERSY OVER NEUTRAL RIGHTS 

and on the first of the following June Congress yielded so far as to 
pass a law providing for passports for ships and vessels of the United 
States.^ 

Congress adjourned on the 10th of July. On the 13th President 
Adams commissioned Charles Cotesworth Pinckney, John Marshall, 
and Elbridge Gerry as Envoys to proceed to France and endeavor to 
renew the relations which had been so rudely broken by the Directory. 
Their instructions will be found in the 2d volume of the Folio Foreign 
Relations, pages 153, et seq. Among other matters they were to secure 
an adjustment of the claims for spoliations of citizens of the United 
States, by this time amounting to many millions of dollars. 

They arrived in Paris on the evening of the 4th of October, 1797,- 
and at once notified the Foreign ^linister of their presence and re- 
quested an interview. Instead of receiving them, three gentlemen, 
who have become known in history as X, Y, and Z, waited upon them 
at various times, sometimes singly and sometimes together, and 
claimed to speak for Talleyrand and the Directory. They told the 
Envoys that they must pay money, "a great deal of money" f and 
when they were asked how much, they replied "fifty thousand pounds 
sterling"* as a douceur to the Directory, and a loan to France of 
thirty-two millions of Dutch florins. They said that the passages in 
the President's speech, which are quoted above, had offended the 
Directory, and must be retracted, and they urged upon the commis- 
sioners in repeated interviews the necessity of opening the negotia- 
tions by proposals to that effect.^ 

The American commissioners listened to their statements, and after 
consultation determined that they "should hold no more indirect inter- 
course with the Government.'' They addressed a letter to Talleyrand 
on the 11th of November, informing him that they were ready to nego- 
tiate.'^ They got no answer : but on the 14th of December, X appeared 
again. ^ on the 17th Y appeared,'' and on the 20th "a lady, who is well 



n St. at L., 489. 

22 F. R. F., 157. 

3Ib., 159. 

*Ib. 

5Ib., 158-168. 

6Ib., 164. 

nh., 166. 

8Ib. 

nh., \77. 



BETWEEN THE UNITED STATES AND FRANCE, 1797-1800 19 

acquainted with M. Talleyrand,"' talked to Pinckney on the subject;^ 
still they got no answer from Talleyrand, and on the 18th of January 
they read the announcement of a decree that every vessel found at sea 
loaded with merchandise the production of England should be good 
prize.- Though unrecognized, they addressed an elaborate letter on 
the 27th of January, 1798, to Talleyrand, setting forth in detail and 
with great ability the grievances of the United States.^ On the 2d 
of March, they had an interview with him. He repeated that the 
Directory had taken offense at Mr. Adams's speech, and added that 
they had been wounded by the last speech of President Washington. 
He complained that the Envoys had not been to see him personally ; 
and he urged that they should propose a loan to France.* Pinckney 
said that the propositions seemed to be those made by X and Y. The 
Envoys then said that they had no power to agree to make such a loan. 
On the 18th of March, Talleyrand transmitted his reply to their note. 
He dwelt upon Jay's Treaty as the principal grievance of France. He 
says "he will content himself with observing, summarily, that in this 
Treaty everything having been calculated to turn the neutrality of the 
United States to the disadvantage of the French Republic, and to the 
advantage of England ; that the Federal Government having in this 
act made to Great Britain concessions the most unheard of, the most 
incompatible with the interests of the United States, the most deroga- 
tory to the alliance which subsisted between the said States and the 
French Republic, the latter was perfectly free, in order to avoid the 
inconveniences of the Treaty of London, to avail itself of the preserva- 
tive means with which the law of nature, the laws of nations, and prior 
treaties furnish it." He closed by stating "that notwithstanding the 
kind of prejudice which has been entertained with respect to them, 
the Executive Directory is disposed to treat with that one of the three 
whose opinions, presumed to be more impartial, promise, in the course 
of the explanation, more of that reciprocal confidence which is indis- 
pensable."^ 

Gerry was the member referred to. The three Envoys answered 



12 F. R. P., 167. 
21 F. R. F., 182. 
3Ib.. 169. 
*Ib., 186. 
5Ib., 190-191. 



20 ^HE CONTROVERSY OVER NEUTRAL RIGHTS 

that no one of the three was authorized to take the negotiation upon 
himself.^ Pinckney and Marshall then left Paris. Gerry remained. 
Talleyrand tried to induce him to enter into negotiations for a loan to 
France, hut he refused.- Before he left Paris, a mail arrived from 
America bringing printed copies of the despatches of the Envoys, with 
accounts of their interviews with X, Y, and Z and "the lady." Talley- 
rand at once asked Gerry for the four names.^ Gerry gave him the 
name of Y. Mr. Pellamy, and Z, Mr. Hautval, and said that he could 
not give the lady's name, and would not give X's name. The name of 
X is preserved in the Department of State. Gerry left Paris on the 
26th July, 1798. 

The President transmitted to Congress the reports of the Envoys 
as fast as they were received; and when he heard of Marshall's ar- 
rival in America he said to Congress, "I will never send another Min- 
ister to France without assurances that he will be received, re- 
spected, and honored as the representative of a great, free, powerful, 
and independent nation."'* The statutes of the United States show 
the impression which the news made upon Congress. The "Act to 
provide an additional armament for the further protection of the trade 
of the United States, and for other purposes, "° is the first of a series 
of acts. It was passed in the House amid great excitement. Edward 
Livingston, who closed the debate on the part of the opposition, said : 
"Let no man flatter himself that the vote which has been given is not 
a declaration of war. Gentlemen know that this is the case."^ This 
was followed in the course of a few weeks by acts for organizing a 
Navy Department :' for increasing or regulating the Army f for pur- 
chasing arms ;'* for construction of vessels ;^° for authorizing the cap- 



11 F. R. F., 199. 

2Ib., 204-238. 

3Ib., 210. 

*1h., 199. 

•'1 St. at L., 552. 

«2 Annals 5th Cong., 1519. 

n St. at L., 553. 

8Ib., 552, 558, 604. 

Hh., 555, 576. 

'Olb., 556, 569, 608. 



BETWEEN THE UNITED STATES AND FRANCE, 1797-1800 21 

ture of French vessels ;^ for suspending all intercourse with France ;- 
for authorizing merchant-vessels to protect themselves f for abrogat- 
ing the Treaties with France ;* for establishing a Marine Corps f and 
for authorizing the borrowing of money.'' In the next session of Con- 
gress further augmentation of the Navy^ and of the Army* was made ; 
the suspension of intercourse was prolonged/-* and provisions were 
made for restoring captured French citizens/'^ and for retaliations in 
case of death from impressments/^ 

Washington was made Lieutenant-General and Commander-in-Chief 
of the Army, and, in accepting, said: "The conduct of the Directory 
of France towards our country ; their insidious hostility to its Govern- 
ment ; their various practices to withdraw the affections of the people 
from it ; the evident tendency of their acts and those of their agents to 
countenance and invigorate opposition ; their disregard of solemn 
treaties and the law of nations ; their war upon our defenceless com- 
merce ; their treatment of our Ministers of peace ; and their demands, 
amoimting to tribute, could not fail to excite in me corresponding senti- 
ments with those my countrymen have so generally expressed in affec- 
tionate addresses to you." ^^ 

The Attorney-General gave an opinion that a maritime war existed 
between France and the United States, authorized by both nations, ^^ 
but Congress never made the constitutional declaration of war, nor was 
such a declaration made on the other side. 

It was on the 21st of June that President Adams informed Congress 
of the terms on which alone he would be willing to send a new Minister 
to France. Talleyrand immediately opened indirect means of com- 
munication with the American Cabinet through Murray, the American 
Minister at The Hague, ^' and on the 28th of September he sent word 



n St. at L., 561, 578. 

2Ib., 565. 

3Ib., 572. 

4Ib., 578. 

5Ib., 594. 

6Ib., 607. 

nh., 621. 

«Ib., 725. 

Hh., 613. 

loib., 624. 

"lb., 743. 

i2Annals 5th Cong., 622. 

in Op. At.-Gen., 84, Lee. 

"2 F. R. R, 24]. 



22 ^THE CONTROVERSY OVER NEUTRAL RIGHTS 

through Pichon, the French Secretary of Legation at the same place, 
that "whatever plenipotentiary the Government of the United States 
might send to France in order to terminate the existing differences 
between the two countries, he would be undoubtedly received with the 
respect due to the representative of a free, independent and powerful 
nation.^ To this proffer, embodying the language of the President's 
message to Congress, the President replied by empowering Chief- 
Justice Ellsworth, Mr. Davie, and Mr. Murray "to discuss and settle, 
by a Treaty, all controversies between the United States and France. "- 

When these Envoys arrived in France they found that the Directory 
had been overthrown,^ and they had to deal wnth Bonaparte as first 
Consul. They succeeded in restoring good relations. .\.n account of 
their negotiations will be found in the 2d volume of the Folio Edition 
of the F'oreign Relations, pages 307 to 345. Their instructions required 
them to secure, (1) A claims commission. (2) Abrogation of the old 
treaties. (3) Abolition of the guarantee of 1778. (4) No agreement 
for a loan. (5) No engagements inconsistent with prior Treaties, 
meaning doubtless Jay's Treaty. (6) No renewal of the peculiar 
jurisdiction conferred on consuls by the convention of 1788. (7) 
Duration of a Treaty not to exceed twelve years.* 

The negotiators exchanged their powers on the 7th of April, 1800,^ 
and concluded a treaty on the 30th of the following September, which 
(1) declared that the parties could not agree upon the indemnities ; (2) 
nor as to the old treaties; (3) and consequently was silent respecting 
the guarantee; but (4) made no provisions for a loan; (5) made no 
engagements inconsistent with prior treaties; (6) did not renew the 
objectionable consular provisions; and (7) no limitation was set to its 
operation. 

When it was submitted to the Senate that body advised its ratifica- 
tion, provided the second article concerning indemnities should be ex- 
punged, and that the convention should be in force for eight years 
from the date of the exchange of the ratifications. The French Gov- 
ernment assented to the limitation of the duration of the Treaty, and 
to the expunging of the 2d article, upon condition that it should be 

12 F. R. P.. 242. 
2Ib., 243. 
3Ib., 307. 
*Ib., 306. 
6Ib., 313-14. 



BETWEEN THE UNITED STATES AND FRANCE, 1797-1800 23 

understood that thereby each party renounced the pretensions which 
were the objects of the article; which was assented to by the Senate.^ 

On the day following the signature of this Treaty in Paris (Sept. 
30, 1800), a secret treaty was concluded at St. Ildefonso between 
France and Spain, which came to be of importance to the United 
States. This was the Treaty by which Louisiana was restored to 
France. In consideration of the elevation of the Duke of Parma to 
the rank of King, and the enlargement of his territory, it was agreed 
that "Sa Majeste Catholique donnera les ordres necessaires pour que 
la France occupe la Louisiane au moment ou S. A. R. le due de Parme 
sera mise en possession de ses nouveaux Etats." ^ 

The United States were anxious concerning the effect of this upon 
their future.^ But the failure of the Treaty of Amiens to restore a 
permanent peace induced Napoleon to determine to transfer all the 
Louisianas to the United States. He consulted Berthier and Marbois. 
The conference lasted far into the night. Berthier opposed the ces- 
sion. Alarbois favored it. Early the next morning he called Marbois 
to him and said, "Je nonce a la Louisiane. Ce n'est point seulement la 
Nouvelle-Orleans que je veux ceder ; c'est toute la colonic sans en 
rien reserver."' ■* 

The interview took place on the 10th of April f the decision was 
made on the morning of the 11th. On the afternoon of the same day 
the negotiations opened by an abrupt question from Talleyrand to Liv- 
ingston whether the LTnited States wished for the whole of Louisiana. 
Livingston, who had been instructed only to negotiate for New Or- 
leans, and the Mississippi as a boundary line,^ said, "No, we only 
want New Orleans and the Floridas." ^ But he soon found that he was 
dealing with a much larger question, and Monroe arrived the same 
day from America with fresh instructions to aid in its disposition. 
Napoleon empowered Marbois to negotiate for France, and instructed 
him to consent to the transfer, provided he could secure 50,000,000 



12 F. R. P., 344. 

-8 Garden, Traites de Paix, 48; S. Doc. 56, 2d Sess. 23d Cong. "His Catholic 
Majesty will give the necessary orders so that France may occupy Louisiana 
the moment when His Royal Highness the Duke of Parma shall be put in pos- 
session of his new State." 

32 F. R. R, 552. 

*8 Garden, Traites de Paix, 64. "I renounce Louisiana. It is not New Or- 
leans only that I wish to cede ; it is all the colony, reserving nothing." 

^8 Garden, Traites de Paix, 54. 

"6 F. R. F., 162, No. 460. 

72 F. R. F, 552. 



24 THE COXTROVERSV OVER NEUTRAL RIGHTS 

francs. He did secure 80,000,000, twenty millions of which were to 
be applicable to the extinguishment of claims against France, and sixty 
millions were payable in cash to France. When it was concluded, 
Napoleon said : "Cette accession de territoire, affermit pour toujours la 
puissance des Etats-Unis, et je viens de donner a I'Angleterre un rival 
maritime, qui tot ou tard abaissera son orgueil."^ 

Between the conclusion of the two Treaties of 1800 and 1803 a corre- 
spondence arose respecting the construction of the former Treaty.- 
Robert Livingston, the Minister of the United States, complained that 
the Council of Prizes (which he regarded *'as a political board")" 
was proceeding in violation of the provisions of the Treaty. On the 
26th of January, 1802. he was "almost hopeless" as to the claims.* 
His anxiety communicated itself to Madison.^ The French Court next 
proposed to meet the French obligation in paper money,*^ while the 
appropriations on the American side were payable in coin." Livings- 
ton thought Bonaparte stood in the way, and that, should anything 
happen to him, France would "very soon be able to look all demands 
in the face."^ jMonroe was sent out to aid in the negotiations, with 
special powers as to New Orleans and the Floridas.^ He arrived just 
in time to find the First Consul bent on parting with Loviisiana and 
settling with the United States. On the 9th of March, 1803, Talley- 
rand was already giving signs of yielding. He expressed surprise at 
the amount of the xA.merican claims advanced by Livingston (20,000,- 
000 francs), but avowed his purpose of paying them, whatever they 
might be, and asked for a specified statement.^" An explanation, which 
may account for part of this, may be found in two dates. The peace 
of Amiens was signed, the 25th of March. 1802; the declaration of the 
renewal of the war was dated the 18th of May, 1803. 



^8 Garden, Traites de Paix, 88. "This accession of territory consolidates for- 
ever the power of the United States, and I have just given to England a mari- 
time rival who sooner or later will humble her pride." 

26 F. R. P., 154-168. 

3Ib., 156. 



4Ib. 




Hh., 


158. 


6Ib., 


161. 


nh., 


162. 


8Ib., 


163. 


9Ib., 


166. 


lOIb. 


, 167-168. 



BETWEEN THE UNITED STATES AND FRANCE, 1797-1800 Zh 

'fhe Convention of 1800, after providing for the restoration of cer- 
tain captured property, contained a provision that the debts contracted 
by one of the two nations with individuals of the other should be paid,^ 
but that this clause should not extend to indemnities claimed on account 
of captures or condemnations. The Convention of 1803 stipulated 
that these debts, with interest at six per cent., should not exceed 
twenty millions of francs. 

To entitle a claimant to participate in this fund, it was necessary: 1. 
That he should be a citizen of the United States who had been, and 
was at the time of the signing of the Treaty, a creditor of France, and 
who had no established house of commerce in France, England, or 
other country than the United States, in partnership with foreigners ; 
2. That, if the claim were for a debt, it should have been contracted 
for supplies before the '30th of September, 1800, and should have been 
claimed of the actual Government of France before the 30th of April, 
1803 ; 3. That, if for prizes, it should not be for a prize whose condem- 
nation had been or should be confirmed ; 4. That, if for captures, it 
should not be a case in which the council of prizes had ordered restitu- 
tion, or in which the claimant could not have had recourse to the gov- 
ernment of the French Republic, or where the captors were sufficient; 
5. That it should either be for supplies, for embargoes, or for prizes 
made at sea, in which the appeal had been properly lodged within the 
time mentioned in the Convention of 1800. 

The distribution of this money gave rise to some sharp correspond- 
ence.- The claims which were excluded from participation in the dis- 
tribution have become known as the "French Spoliation Claims." They 
have been often the subject of Congressional discussion and report.^ 



lArt. 5. 

26 F. R. F., 182-207. 

sSee particularly 5 F. R. F., 314, 352, and 6 F. R. F., 3-207, 558, 1121, and 
S. R. 10, 2d Sess. 41st Cong., and the various authorities there cited; also, 
among others, an elaborate debate in the Senate, 11 Debates, 2d Sess. 23d Cong. 
[H. R., 445, 25th Cong. 2d Sess.]. 



Extracts from Messages of President Adams, and Replies of the 

Senate and House 

SPECIAL SESSION MESSAGE ^ 

United States, May i6, 1797. 
Gentlemen of the Senate and Gentlemen of the House of Representa- 
tives: 

The personal inconveniences to the members of the Senate and of 
the House of Representatives in leaving their families and private 
affairs at this season of the year are so obvious that I the more regret 
the extraordinary occasion which has rendered the convention of 
Congress indispensable. 

It would have afforded me the highest satisfaction to have been 
able to congratulate you on a restoration of peace to the nations of 
Europe whose animosities have endangered our tranquillity; but we 
have still abundant cause of gratitude to the Supreme Dispenser of 
National Blessings for general health and promising seasons, for do- 
mestic and social happiness, for the rapid progress and ample acquisi- 
tions of industry through extensive territories, for civil, political, and 
religious liberty. While other states are desolated with foreign war 
or convulsed with intestine divisions, the United States present the 
pleasing prospect of a nation governed by mild and equal laws, gen- 
erally satisfied with the possession of their rights, neither envying the 
advantages nor fearing the power of other nations, solicitous only 
for the maintenance of order and justice and the preservation of liberty, 
increasing daily in their attachment to a system of government in pro- 
portion to their experience of its utility, yielding a ready and general 
obedience to laws flowing from the reason and resting on the only solid 
foundation — the affections of the people. 

It is with extreme regret that I shall be obliged to turn your thoughts 
to other circumstances, which admonish us that some of these felicities 
may not be lasting. But if the tide of our prosperity is full and a reflux 
commencing, a vigilant circumspection becomes us, that we may meet 
out reverses with fortitude and extricate ourselves from their conse- 
quences with all the skill we possess and all the efforts in our power. 

In giving to Congress information of the state of the Union and rec- 



iRichardson, Messages, vol. 1, p. 233. 



28 THE CONTROVERSY OVER NEUTRAL RIGHTS 

ommending to their consideration such measures as appear to me to be 
necessary or expedient, according to my constitutional duty, the causes 
and the objects of the present extraordinary session will be explained. 

After the President of the United States received information that 
the French Government had expressed serious discontents at some pro- 
ceedings of the Government of these States said to affect the interests 
of France, he thought it expedient to send to that country a new min- 
ister, fully instructed to enter on such amicable discussions and to give 
such candid explanations as might happily remove the discontents and 
suspicions of the French Government and vindicate the conduct of 
the United States. For this purpose he selected from among his fellow- 
citizens a character whose integrity, talents, experience, and services 
had placed him in the rank of the most esteemed and respected in the 
nation. The direct object of his mission was expressed in his letter 
of credence to the French Republic, being "to maintain that good un- 
derstanding which from the commencement of the alliance had sub- 
sisted between the two nations, and to efface unfavorable impressions, 
banish suspicions, and restore that cordiality which was at once the evi- 
dence and pledge of a friendly union." And his instructions were to 
the same efifect, "faithfully to represent the disposition of the Govern- 
ment and people of the United States f their disposition being one), to 
remove jealousies and obviate complaints by shewing that they were 
groundless, to restore that mutual confidence which had been so un- 
fortunately and injuriously impaired, and to explain the relative in- 
terests of both countries and the real sentiments of his own." 

A minister thus specially commissioned it was expected would have 
proved the instrument of restoring mutual confidence between the two 
Republics. The first step of the French Government corresponded with 
that expectation. A few days before his arrival at Paris the French 
minister of foreign relations informed the American minister then 
resident at Paris of the formalities to be observed by himself in taking 
leave, and by his successor preparatory to his reception. These for- 
malities they observed, and on the 9th of December presented officially 
to the minister of foreign relations, the one a copy of his letters of re- 
call, the other a copy of his letters of credence. 

The'-e were laid before the Executive Directory. Two days after- 
wards the minister of foreign relations informed the recalled Ameri- 
can minister that the Executive Directorv had determined not to re- 



BETWEEN THE L'XJTED STATES AND FRANCE, 1797-1800 20 

ceive another minister plenipotentiary from the United States until 
after the redress of grievances demanded of the American Govern- 
ment, and which the French Republic had a right to expect from it. 
The American minister immediately endeavored to ascertain whether 
by refusing to receive him it was intended that he should retire from 
the territories of the French Republic, and verbal answers were given 
that such was the intention of the Directory. For his own justification 
he desired a written answer, but obtained none until toward the last 
of January, when, receiving notice in writing to quit the territories of 
the Republic, he proceeded to Amsterdam, where he proposed to wait 
for instruction from this Government. During his residence at Paris 
cards of hospitality were refused him, and he was threatened with 
being subjected to the jurisdiction of the minister of police; but with 
becoming firmness he insisted on the protection of the law of nations 
due to him as the known minister of a foreign power. You will derive 
further information from his dispatches, which will be laid before you. 

As it is often necessary that nations should treat for the mutual ad- 
vantage of their afl:airs, and especially to accommodate and terminate 
differences, and as they can treat only by ministers, the right of em- 
bassy is well known and established by the law and usage of nations. 
The refusal on the part of France to receive our minister is, then, the 
denial of a right ; but the refusal to receive him until we have acceded 
to their demands without discussion and without investigation is to 
treat us neither as allies nor as friends, nor as a sovereign state. 

With this conduct of the French Government it will be proper to 
take into view the public audience given to the late minister of the 
United States on his taking leave of the Executive Directory. The 
speech of the President discloses sentiments more alarming than the 
refusal of a minister, because more dangerous to our independence and 
union and at the same time studiously marked with indignities toward 
the Government of the United States. It evinces a disposition to sepa- 
rate the people of the United States from the Government, to persuade 
them that they have different affections, principles, and interests from 
those of their fellow-citizens whom they themselves have chosen to 
manage their common concerns, and thus to produce divisions fatal to 
our peace. Such attempts ought to be repelled with a decision which 
shall convince France and the world that we are not a degraded peo- 
ple, humiliated under a colonial spirit of fear and sense of inferiority, 



30 ' THE CONTROVERSY OVER NEUTRAL RIGHTS 

fitted to be the miserable instruments of foreign influence, and re- 
gardless of national honor, character, and interest. 

I should have been happy to have thrown a veil over these transac- 
tions if it had been possible to conceal them ; but they have passed on 
the great theater of the world, in the face of all Europe and America, 
and with such circumstances of publicity and solemnity that they can 
not be disguised and will not soon be forgotten. They have inflicted 
a wound in the American breast. It is my sincere desire, however, 
that it may be healed. 

It is my sincere desire, and in this I presume I concur with you and 
with our constituents, to preser\'e peace and friendship with all na- 
tions ; and believing that neither the honor nor the interest of the United 
States absolutely forbid the repetition of advances for securing these 
desirable objects with France, I shall institute a fresh attempt at 
negotiation, and shall not fail to promote and accelerate an accommoda- 
tion on terms compatible with the rights, duties, interests, and honor 
of the nation. If we have committed errors, and these can be demon- 
strated, we shall be willing to correct them ; if we have done injuries, 
we shall be willing on conviction to redress them ; and equal measures 
of justice we have a right to expect from France and every other 
nation. 

The diplomatic intercourse between the United States and France 
being at present suspended, the Government has no means of obtain- 
ing official information from that country. Nevertheless, there 
is reason to believe that the Executive Directory passed a decree 
on the 2d of March last contravening in part the treaty of amity and 
commerce of 1778, injurious to our lawful commerce and endangering 
the lives of our citizens. A copy of this decree will be laid before you. 

While we are endeavoring to adjust all our differences with France 
by amicable negotiation, the progress of the war in Europe, the depre- 
dations on our commerce, the personal injuries to our citizens, and the 
general complexion of affairs render it my indispensable duty to recom- 
mend to your consideration effectual measures of defense. 

The commerce of the United States has become an interesting object 
of attention, whether we consider it in relation to the wealth and 
finances or the strength and resources of the nation. With a seacoast 
of near 2.000 miles in extent, opening a wide field for fisheries, navi- 
gation, and commerce, a great portion of our citizens naturally apply 



BETWEEN THE UNITED STATES AND FRANCE, 1797-1800 31 

their industry and enterprise to these objects. Any serious and perma- 
nent injury to commerce would not fail to produce the most embar- 
rassing disorders. To prevent it from being undermined and destroyed 
it is essential that it receive an adequate protection. 

The naval establishment must occur to every man who considers the 
injuries committed on our commerce, the insults offered to our citizens, 
and the description of vessels by which these abuses have been prac- 
ticed. As the sufferings of our mercantile and seafaring citizens can 
not be ascribed to the omission of duties demandable, considering the 
neutral situation of our country, they are to be attributed to the hope 
of impunity arising from a supposed inability on our part to afford 
protection. To resist the consequences of such impressions on the 
minds of foreign nations and to guard against the degradation and 
servility which they must finally stamp on the American character is an 
important duty of Government. 

A naval power, next to the militia, is the natural defense of the 
United States. The experience of the last war would be sufificient to 
shew that a moderate naval force, such as would be easily within the 
present abilities of the Union, would have been sufficient to have baf- 
fled many formidable transportations of troops from one State to 
another, which were then practiced. Our seacoasts, from their great 
extent, are more easily annoyed and more easily defended by a naval 
force than any other. With all the materials our country abounds ; in 
skill our naval architects and navigators are equal to any, and com- 
manders and seamen will not be wanting. 

But although the establishment of a permanent system of naval de- 
fense appears to be requisite, I am sensible it can not be formed so 
speedily and extensively as the present crisis demands. Hitherto I 
have thought proper to prevent the sailing of armed vessels except on 
voyages to the East Indies, where general usage and the danger from 
pirates appeared to render the permission proper. Yet the restriction 
has originated solely from a wish to prevent collisions with the powers 
at war, contravening the act of Congress of June, 1794, and not from 
any doubt entertained by me of the policy and propriety of permitting 
our vessels to employ means of defense while engaged in a lawful 
foreign commerce. It remains for Congress to prescribe such regula- 
tions as will enable our seafaring citizens to defend themselves against 
violations of the law of nations, and at the same time restrain them 



32 ,THE CONTROVERSY OVER NEUTRAL RIGHTS 

from committing acts of hostility against the powers at war. In addi- 
tion to this voluntary provision for defense by individual citizens, it 
appears to me necessary to equip the frigates, and provide other vessels 
of inferior force, to take under convoy such merchant vessels as shall 
remain unarmed. 

The greater part of the cruisers whose depredations have been most 
injurious have been built and some of them partially equipped in the 
United States. Although an efitectual remedy may be attended with 
difficulty, yet I have thought it my duty to present the subject gener- 
ally to your consideration. If a mode can be devised by the wisdom 
of Congress to prevent the resources of the United States from being 
converted into the means of annoying our trade, a great evil will be 
prevented. With the same view, T think it proper to mention that some 
of our citizens resident abroad have fitted out privateers, and others 
have voluntarily taken the command, or entered on board of them, and 
committed spoliations on the commerce of the United States. Such un- 
natural and iniquitous practices can be restrained only by severe pun- 
ishments. 

But besides a protection of our commerce on the seas, I think it 
highly necessary to protect it at home, where it is collected in our most 
important ports. The distance of the United States from Europe and 
the well-known promptitude, ardor, and courage of the people in de- 
fense of their country happily diminish the probability of invasion. 
Nevertheless, to guard against sudden and predatory incursions the 
situation of some of our principal seaports demands your consideration. 
And as our countrv is vulnerable in other interests besides those of its 
commerce, you will seriously deliberate whether the means of general 
defense ought not to be increased by an addition to the regular artillery 
and cavalry, and by arrangements for forming a provisional army. 

With the same view, and as a measure which, even in a time of 
universal peace, ought not to be neglected, I recommend to your con- 
sideration a revision of the laws for organizing, arming, and disciplin- 
ing the militia, to render that natural and safe defense of the country 
efficacious. 

Although it is very true that we ought not to involve ourselves in 
the political system of Europe, but to keep ourselves always distinct 
and separate from it if we can, yet to effect this separation, early, 
punctual, and continual information nf the current chain of events and 



BETWEEN THE UNITED STATES AND FRANCE, 1797-1800 33 

of the political projects in contemplation is no less necessary than if 
we were directly concerned in them. It is necessary, in order to the 
discovery of the efforts made to draw us into the vortex, in season to 
make preparations against them. However we may consider ourselves, 
the maritime and commercial powers of the world will consider the 
United States of America as forming a weight in that balance of power 
in Europe which never can be forgotten or neglected. It would not 
only be against our interest, but it would be doing wrong to one-half 
of Europe, at least, if we should voluntarily throw ourselves into either 
scale. It is a natural policy for a nation that studies to be neutral to 
consult with other nations engaged in the same studies and pursuits. 
At the same time that measures might be pursued with this view, our 
treaties with Prussia and Sweden, one of which is expired and the 
other near expiring, might be renewed. 



Address of the Senate to John Adams, President of the United States^ 

Sir: The Senate of the United States request you to accept their 
acknowledgments for the comprehensive and interesting detail you have 
given in your speech to both Houses of Congress on the existing state 
of the Union. 

While we regret the necessity of the present meeting of the Legis- 
lature, we wish to express our entire approbation of your conduct in 
convening it on this momentous occasion. 

The superintendence of our national faith, honor, and dignity being 
in a great measure constitutionally deposited with the Executive, we 
observe with singular satisfaction the vigilance, firmness, and prompti- 
tude exhibited by you in this critical state of our public affairs, and 
from thence derive an evidence and pledge of the rectitude and integrity 
of your Administration. And we are sensible it is an object of primary 
importance that each branch of the Government should adopt a lan- 
guage and system of conduct which shall be cool, just, and dispas- 
sionate, but firm, explicit, and decided. 

We are equally desirous with you to preserve peace and friendship 
with all nations, and are happy to be informed that neither the honor 
nor interests of the United States forbid advances for securing those 

^Richardson, Messages, vol. 1, p. 239. 



34 THE CONTROVERSY OVER NEUTRAL RIGHTS 

desirable objects by amicable negotiation with the French Republic. 
This method of adjusting national differences is not only the most mild, 
but the most rational and humane, and with governments disposed to be 
just can seldom fail of success when fairly, candidly, and sincerely 
used. If we have committed errors and can be made sensible of them, 
we agree with you in opinion that we ought to correct them, and com- 
pensate the injuries which may have been consequent thereon; and we 
trust the French Republic will be actuated by the same just and benevo- 
lent principles of national policy. 

We do therefore most sincerely approve of your determination to 
promote and accelerate an accommodation of our existing differences 
with that Republic by negotiation, on terms compatible with the rights, 
duties, interests, and honor of our nation. And you may rest assured 
of our most cordial cooperation so far as it may become necessary in 
this pursuit. 

Peace and harmony with all nations is our sincere wish ; but such 
being the lot of humanity that nations will not always reciprocate 
peaceable dispositions, it is our firm belief that effectual measures of 
defense will tend to inspire that national self-respect and confidence 
at home which is the unfailing source of respectability abroad, to check 
aggression afid prevent war. 

While we are endeavoring to adjust our differences with the French 
Republic by amicable negotiation, the progress of the war in Europe, 
the depredations on our commerce, the personal injuries to our citizens, 
and the general complexion of affairs prove to us your vigilant care in 
recommending to our attention effectual measures of defense. 

Those which you recommend, whether they relate to external defense 
by permitting our citizens to arm for the purpose of repelling aggres- 
sions on their commercial rights, and by providing sea convoys, or to 
internal defense by increasing the establishments of artillery and cav- 
alry, by forming a provisional army, by revising the militia laws, and 
fortifying more completely our ports and harbors, will meet our con- 
sideration under the influence of the same just regard for the security, 
interest, and honor of our country which dictated your recommendation. 

Practices so unnatural and iniquitous as those you state, of our own 
citizens converting their property and personal exertions into the means 
of annoying our trade and injuring their fellow-citizens, deserve legal 
severity commensurate with their turpitude. 



BETWEEN THE UNITED STATES AND FRANCE, 1797-1800 35 

Although the Senate believe that the prosperity and happiness of our 
country does not depend on general and extensive political connec- 
tions with European nations, yet we can never lose sight of the pro- 
priety as well as necessity of enabling the Executive, by sufficient and 
liberal supplies, to maintain and even extend our foreign intercourse as 
exigencies may require, reposing full confidence in the Executive, in 
whom the Constitution has placed the powers of negotiation. 

We learn with sincere concern that attempts are in operation to 
alienate the affections of our fellow-citizens from their Government. 
Attempts so wicked, wherever they exist, can not fail to excite our ut- 
most abhorrence. A government chosen by the people for their own 
safety and happiness, and calculated to secure both, can not lose their 
affections so long as its administration pursues the principles upon 
which it was erected; and your resolution to observe a conduct just 
and impartial to all nations, a sacred regard to our national engage- 
ments, and not to impair the rights of our Government, contains prin- 
ciples which can not fail to secure to your Administration the support 
of the National Legislature to render abortive every attempt to excite 
dangerous jealousies among us, and to convince the world that our 
Government and your administration of it can not be separated from 
the affectionate support of every good citizen. And the Senate can not 
suffer the present occasion to pass without thus publicly and solemnly 
expressing their attachment to the Constitution and Government of 
their country ; and as they hold themselves responsible to their consti- 
tuents, their consciences, and their God, it is their determination by all 
their exertions to repel every attempt to alienate the affections of the 
people from the Government, so highly injurious to the honor, safety, 
and independence of the United States. 

We are happy, since our sentiments on the subject are in perfect 
unison with yours, in this public manner to declare that we believe 
the conduct of the Government has been just and impartial to foreign 
nations, and that those internal regulations which have been estab- 
lished for the preservation of peace are in their nature proper and 
have been fairly executed. 

And we are equally happy in possessing an entire confidence in your 
abilities and exertions in your station to maintain untarinshed the 
honor, preserve the peace, and support the independence of our coun- 
try, to acquire and establish which, in connection with your fellow- 



36 'the controversy over neutral rights 

citizens, has been the virtuous effort of a principal part of your life. 

To aid you in these arduous and honorable exertions, as it is our 
duty so it shall be our faithful endeavor; and we flatter ourselves, sir, 
that the proceedings of the present session of Congress will manifest 
to the world that although the United States love peace, they will be 
independent; that they are sincere in their declarations to be just to the 
French and all other nations, and expect the same in return. 

If a sense of justice, a love of moderation and peace, shall influence 
their councils, which we sincerely hope we shall have just grounds to 
expect, peace and amity between the United States and all nations will 
be preserved. 

But if we are so unfortunate as to experience injuries from any for- 
eign power, and the ordinary methods by which dift'erences are amica- 
bly adjusted between nations shall be rejected, the determination "not 
to surrender in any manner the rights of the Government," being so 
inseparably connected with the dignity, interest, and independence of 
our country, shall by us be steadily and inviolably supported. 

Th : Jefferson, 
Vice-President of the United States and President of the Senate. 

May 23, 1797. 



Reply of the President^ 

Mr. Vice-President and Gentlemen of the Senate: 

It would be an affectation in me to dissemble the pleasure I feel on 
receiving this kind address. 

My long experience of the wisdom, fortitude, and patriotism of the 
Senate of the United States enhances in my estimation the value of 
those obliging expressions of your approbation of my conduct, which 
are a generous reward for the past and an affecting encouragement to 
constancy and perseverance in future. 

Our sentiments appear to be so entirely in unison that I can not but 
believe them to be the rational result of the understandings and the 
natural feelings of the hearts of Americans in general on contemplating 
the present state of the nation. 

While such principles and affections prevail they will form an in- 
dissoluble bond of union and a sure pledge that our country has no 



1 Richardson, Messages, vol. 1, p. 242. 



BETWEEN THE UNITED STATES AND FRANCE, 1797-1800 Z7 

essential injury to apprehend from any portentous appearances abroad. 
In a humble reliance on Divine Providence we may rest assured that 
while we reiterate with sincerity our endeavors to accommodate all 
our differences with France, the independence of our country can not 
be diminished, its dignity degraded, or its glory tarnished by any nation 
or combination of nations, whether friends or enemies. 

John Adams. 
May 24, 1797. 



Address of the House of Representatives to John Adams, President 
of the United States ^ 

Sir : The interesting details of those events which have rendered 
the convention of Congress at this time indispensable (communicated 
in your speech to both Houses) has excited in us the strongest emo- 
tions. Whilst we regret the occasion, we can not omit to testify our 
approbation of the measure, and pledge ourselves that no considera- 
tions of private inconvenience shall prevent on our part a faithful 
discharge of the duties to which we are called. 

We have constantly hoped that the nations of Europe, whilst deso- 
lated by foreign wars or convulsed by intestine divisions, would have 
left the United States to enjoy that peace and tranquillity to which 
the impartial conduct of our Government has entitled us, and it is now 
with extreme regret we find the measures of the French Republic tend- 
ing to endanger a situation so desirable and interesting to our country. 

Upon this occasion we feel it our duty to express in the most ex- 
plicit manner the sensations which the present crisis has excited, and 
to assure you of our zealous cooperation in those measures which may 
appear necessary for our security or peace. 

Although it is the earnest wish of our hearts that peace may be 
maintained with the French Republic and with all the world, yet we 
never will surrender those rights which belong to us as a nation ; and 
whilst we view with satisfaction the wisdom, dignity, and moderation 
which have marked the measures of the Supreme Executive of our 
country in his attempt to remove by candid explanations the complaints 
and jealousies of France, we feel the full force of that indignity which 



^Richardson, Messages, vol. 1, p. 242. 



38 THE CONTROVERSY OVER NEUTRAL RIGHTS 

• 

has been offered our country in the rejection of its minister. No at- 
tempts to wound our rights as a sovereign State will escape the notice 
of our constituents. They will be felt with indignation and repelled 
with that decision which shall convince the world that we are not a 
degraded people ; that we can never submit to the demands of a foreign 
power without examination and without discussion. 

Knowing as we do the confidence reposed by the people of the United 
States in their Government, we can not hesitate in expressing our 
indignation at any sentiments tending to derogate from that confi- 
dence. Such sentiments, wherever entertained, serve to evince an im- 
perfect knowledge of the opinions of our constituents. An attempt to 
separate the people of the United States from their Government is an 
attempt to separate them from themselves ; and although foreigners 
who know not the genius of our country may have conceived the 
project, and foreign emissaries may attempt the execution, yet the 
united efforts of our fellow-citizens will convince the world of its im- 
practicability. 

Sensibly as we feel the wound which has been inflicted by the trans- 
actions disclosed in your communications, yet we think with you that 
neither the honor nor the interest of the United States forbid the repe- 
tition of advances for preserving peace; we therefore receive with the 
utmost satisfaction your information that a fresh attempt at negotiation 
will be instituted, and we cherish the hope that a mutual spirit of con- 
ciliation, and a disposition on the part of France to compensate for any 
injuries which may have been committed upon our neutral rights, and 
on the part of the United States to place France on grounds similar 
to those of other countries in their relation and connection with us 
(if any inequalities shall be found to exist), will produce an accommo- 
dation compatible with the engagements, rights, duties, and honor of 
the United States. Fully, however, impressed with the uncertainty of 
the result, we shall prepare to meet with fortitude any unfavorable 
events which may occur, and to extricate ourselves from their conse- 
quences with all the skill we possess and all the efforts in our power. 
Believing with you that the conduct of the Government has been just 
and impartial to foreign nations, that the laws for the preservation of 
peace have been proper, and that they have been fairly executed, the 
Representatives of the people do not hesitate to declare that they will 
give their most cordial support to the execution of principles so de- 
liberately and uprightly established. 



BETWEEN THE UNITED STATES AND FRANCE, 1797-1800 39 

The many interesting subjects which you have recommended to our 
consideration, and which are so strongly enforced by this momentous 
occasion, will receive every attention which their importance demands, 
and we trust that, by the decided and explicit conduct which will 
govern our deliberations, every insinuation will be repelled which is 
derogatory to the honor and independence of our country. 

Permit us in offering this address to express our satisfaction at your 
promotion to the first ofifice in the Government and our entire confi- 
dence that the preeminent talents and patriotism which have placed 
you in this distinguished situation will enable you to discharge its 
various duties with satisfaction to yourself and advantage to our com- 
mon country. 

June 2, 1797. 



Reply of the President^ 

Mr. Speaker and Gentlemen of the House of Representatives: 

I receive with great satisfaction your candid approbation of the con- 
vention of Congress, and thank you for your assurances that the inter- 
esting subjects recommended to your consideration shall receive the 
attention which their importance demands, and that your cooperation 
may be expected in those measures which may appear necessary for 
our security or peace. 

The declarations of the Representatives of this nation of their satis- 
faction at m.y promotion to the first oflice in this Government and of 
their confidence in my sincere endeavors to discharge the various duties 
of it with advantage to our common country have excited my most 
grateful sensibility. 

I pray you, gentlemen, to believe and to communicate such assurance 
to our constituents that no event which I can foresee to be attainable 
by any exertions in the discharge of my duties can afford me so much 
cordial satisfaction as to conduct a negotiation with the French Re- 
public to a removal of prejudices, a correction of errors, a dissipation 
of umbrages, an accommodation of all dift'erences, and a restoration of 
harmony and affection to the mutual satisfaction of both nations. And 
whenever the legitimate organs of intercourse shall be restored and the 
real sentiments of the two Governments can be candidlv communicated 



^Richardson, Messages, vol. 1, p. 244. 



40 THE CONTROVERSY OVER NEUTRAL RIGHTS 

to each other, ahhough strongly impressed with the necessity of col- 
lecting ourselves into a manly posture of defense, I nevertheless en- 
tertain an encouraging confidence that a mutual spirit of conciliation, a 
disposition to compensate injuries and accommodate each other in all 
our relations and connections, will produce an agreement to a treaty 
consistent with the engagements, rights, duties, and honor of both 
nations. 

John Adams. 
June 3, 1797. 



FIRST ANNUAL ADDRESS ^ 

United States, November 22, 1797. 
Gentlemen of the Senate and Gentlemen of the House of 
Representatives: 

Although I can not yet congratulate you on the reestablishment of 
peace in Europe and the restoration of security to the persons and prop- 
erties of our citizens from injustice and violence at sea, we have, 
nevertheless, abundant cause of gratitude to the source of benevolence 
and influence for interior tranquillity and personal security, for propi- 
tious seasons, prosperous agriculture, productive fisheries, and general 
improvements, and, above all, for a rational spirit of civil and religious 
liberty and a calm but steady determination to support our sovereignty, 
as well as our moral and our religious principles, against all open and 
secret attacks. 

Our envoys extraordinary to the French Republic embarked — one 
in July, the other early in August — to join their colleague in Holland. 
I have received intelligence of the arrival of both of them in Holland, 
from whence they all proceeded on their journeys to Paris within a few 
days of the 19th of September. Whatever may be the result of this 
mission, I trust that nothing will have been omitted on my part to 
conduct the negotiation to a successful conclusion, on such equitable 
terms as may be compatible with the safety, honor, and interest of the 
United States. Nothing, in the meantime, will contribute so much to 
the preservation of peace and the attainment of justice as a manifesta- 
tion of that energy and unanimity of which on many former occasions 
the people of the United States have given such memorable proofs. 



^Richardson, Messages, vol. 1, p. 250. 



BETWEEN THE UNITED STATES AND FRANCE, 1797-1800 41 

and the exertion of those resources for national defense which a benefi- 
cent Providence has kindly placed within their power. 

It may be confidently asserted that nothing has occurred since the 
adjournment of Congress which renders inexpedient those precaution- 
ary measures recommended by me to the consideration of the two 
Houses at the opening of your late extraordinary session. If that sys- 
tem was then prudent, it is more so now, as increasing depredations 
,-trengthen the reasons for its adoption. 

Indeed, whatever may be the issue of the negotiation with France, 
and whether the war in Europe is or is not to continue, I hold it most 
certain that permanent tranquillity and order will not soon be ob- 
tained. The state of society has so long been disturbed, the sense of 
moral and religious obligations so much weakened, public faith and 
national honor have been so impaired, respect to treaties has been so 
diminished, and the law of nations has lost so much of its force, while 
pride, ambition, avarice, and violence have been so long unrestrained, 
there remains no reasonable ground on which to raise an expectation 
that a commerce without protection or defense will not be plundered. 

The commerce of the United States is essential, if not to their exist- 
ence, at least to their comfort, their growth, prosperity, and happiness. 
The genius, character, and habits of the people are highly commercial. 
Their cities have been formed and exist upon commerce. Our agricul- 
ture, fisheries, arts, and manufactures are connected with and depend 
upon it. In short, commerce has made this country what it is, and it 
can not be destroyed or neglected without involving the people in 
poverty and distress. Great numbers are directly and solely sup- 
ported by navigation. The faith of society is pledged for the preserva- 
tion of the rights of commercial and seafaring no less than of the other 
citizens. Under this view of our affairs, I should hold myself guilty 
of a neglect of duty if I forbore to recommend that we should make 
every exertion to protect our commerce and to place our country in a 
suitable posture of defense as the only sure means of preservmg both. 



Address of the Senate to John Adams, President of the United States'- 

The President of the United States : 

It would have given us much pleasure to have received your con- 



iRichardson, Messages, vol. 1, p. 254. 



42 THE CONTROVERSY OVER NEUTRAL RIGHTS 

gratulations on the reestablishment of peace in Europe and the restora- 
tion of security to the persons and property of our citizens from in- 
justice and violence at sea ; but though these events, so desirable to our 
country and the world, have not taken place, yet we have abundant 
cause of gratitude to the Great Disposer of Human Events for interior 
tranquillity and personal security, for propitious seascyis, prosperous 
agriculture, productive fisheries, and general improvement, and, above 
all, for a rational spirit of civil and religious liberty and a calm but 
steady determination to support our sovereignty against all open and 
secret attacks. 

We learn with satisfaction that our envoys extraordinary to the 
French Republic had safeh; arrived in Europe and were proceeding to 
the scene of negotiation, and whatever may be the result of the mis- 
sion, we are perfectly satisfied that nothing on your part has been 
omitted which could in any way conduce to a successful conclusion of 
the negotiation upon terms compatible with the safety, honor, and in- 
terest of the United States ; and we are fully convinced that in the 
meantime a manifestation of that unanimity and energy of which the 
people of the United States have given such memorable proofs and a 
proper exertion of those resources of national defense which we pos- 
sess will essentially contribute to the preservation of peace and the 
attainment of justice. 

We think, sir, with you that the commerce of the United States is 
essential to the growth, comfort, and prosperity of our country, and 
that the faith of society is pledged for the preservation of the rights 
of commercial and seafaring no less than of other citizens. And even 
if our negotiation with France should terminate favorably and the 
war in Europe cease, yet the state of society which unhappily prevails 
in so great a portion of the world and the experience of past times 
under better circumstances unite in warning us that a commerce so 
extensive and which holds out so many temptations to lawless plun- 
derers can never be safe without protection ; and we hold ourselves 
obliged by every tie of duty which binds us to our constituents to pro- 
mote and concur in such measures of marine defense as may convince 
our merchants and seamen that their rights are not sacrificed nor their 
injuries forgotten. 

Nov. 27, 1797. 



BETWEEN THE UNITED STATES AND FRANCE, 1797-1800 43 

Reply of the President^ 

United States^ November 28, 1797. 
Gentlemen of the Senate: 

I thank you for this address. 

When, after the most laborious investigation and serious reflection, 
without partial considerations or personal motives, measures have been 
adopted or recommended, I can receive no higher testimony of their 
rectitude than the approbation of an assembly so independent, patriotic, 
and enlightened as the Senate of the United States. 

Nothing has afforded me more entire satisfaction than the coincidence 
of your judgment with mine in the opinion of the essential importance 
of our commerce and the absolute necessity of a maritime defense. 
What is it that has drawn to Europe the superfluous riches of the 
three other quarters of the globe but a marine? What is it that has 
drained the wealth of Europe itself into the coffers of two or three of 
its principal commercial powers but a marine? 

The world has furnished no example of a flourishing commerce 
without a maritime protection, and a moderate knowledge of man and 
liis history will convince anyone that no such prodigy ever can arise. 
A mercantile marine and a military marine must grow up together ; 
one can not long exist without the other. 

John Adams. 



Address of the House of Representatives to John Adams, President of 

the United States^ 

In lamenting the increase of the injuries offered to the persons and 
property of our citizens at sea we gratefully acknowledge the continu- 
ance of interior tranquillity and the attendant blessings of which you 
remind us as alleviations of these fatal effects of injustice and violence. 

Whatever may be the result of the mission to the French Republic, 
your early and uniform attachment to the interest of our country, your 
important services in the struggle for its independence, and your un- 
ceasing exertions for its welfare afford no room to doubt of the sin- 
cerity of your efforts to conduct the negotiation to a successful conclu- 
sion on such terms as may be compatible with the safety, honor, and 



1 Richardson, ^lessages, vol. 1, p. 256. 
-Ibid., p. 257. 



44 *'XHE COXTROVERSV OVER NEUTRAL RIGHTS 

interest of the United States. We have also a firm rehance upon the 
energy and unanimity of the people of these States in the assertion of 
their rights, and on their determination to exert upon all proper oc- 
casions their ample resources in providing for the national defense. 

The importance of commerce and its beneficial influence upon agri- 
culture, arts, and manufactures have been verified in the growth and 
prosperity of our country. It is essentially connected with the other 
great interests of the community ; they must flourish and decline to- 
gether; and while the extension of our navigation and trade naturally 
excites the jealousy and tempts the avarice of other nations, we are 
firmly persuaded that the numerous and deserving class of citizens 
engaged in these pursuits and dependent on them for their subsistence 
has a strong and indisputable claim to our support and protection. 

Nov. 28. 1797. 



Reply of the President^ 

United States, November 2g, 1797. 
Gentlemen of the House of Representatives: 

I receive this address from the House of Representatives of the 
United States with peculiar pleasure. 

Your approbation of the meeting of Congress in this city and of 
those other measures of the Executive authority of Government com- 
municated in my address to both Houses at the opening of the session 
afford me great satisfaction, as the strongest desire of my heart is to 
give satisfaction to the people and their Representatives by a faithful 
discharge of my duty. 

The confidence you express in the sincerity of my endeavors and in 
the unanimity of the people does me much honor and gives me great 

I rejoice in that harmony which appears in the sentiments of all the 
branches of the Government on the importance of our commerce and 
our obligations to defend it, as well as in all the other subjects recom- 
mended to your consideration, and sincerely congratulate you and our 
fellow-citizens at large on this appearance, so auspicious to the honor, 
interest, and happiness of the nation. 



^Richardson, Messages, vol. 1, p. 258. 



BETWEEN THE UNITED STATES AND FRANCE, 1797-1800 45 

SECOND ANNUAL ADDRESS ^ 

United States, December 8, ijgS. 
Gentlemen of the Senate and Gentlemen of tlie House of 
Representatives: 

The course of the transactions in relation to the United States and 
France which have come to my knowledge during your recess will be 
made the subject of a future communication. That communication 
will confirm the ultimate failure of the measures which have been 
taken by the Government of the United States toward an amicable ad- 
justment of differences with that power. You will at the same time 
perceive that the French Government appears solicitous to impress the 
opinion that it is averse to a rupture with this country, and that it has 
in a qualified manner declared itself willing to receive a minister from 
the United States for the purpose of restoring a good understanding. 
It is unfortunate for professions of this kind that they should be ex- 
pressed in terms which may countenance the inadmissible pretension 
of a right to prescribe the qualifications which a minister from the 
United States should possess, and that while France is asserting the 
existence of a disposition on her part to conciliate with sincerity the 
differences which have arisen, the sincerity of a like disposition on the 
part of the United States, of which so many demonstrative proofs have 
been given, should even be indirectly questioned. It is also worthy of 
observation that the decree of the Directory alleged to be intended to 
restrain the depredations of French cruisers on our commerce has not 
given, and can not give, any relief. It enjoins them to conform to all 
the laws of France relative to cruising and prizes, while these laws are 
themselves the sources of the depredations of which we have so long, so 
justly, and so fruitlessly complained. 

The law of France enacted in January last, which subjects to capture 
and condemnation neutral vessels and their cargoes if any portion of 
the latter are of British fabric or produce, although the entire property 
belong to neutrals, instead of being rescinded has lately received a 
confirmation by the failure of a proposition for its repeal. While this 
law, which is an unequivocal act of war on the commerce of the nations 
it attacks, continues in force those nations can see in the French Gov- 
ernment only a power regardless of their essential rights, of their inde- 
pendence and sovereignty; and if they possess the means they can 
reconcile nothing: with their interest and honor but a firm resistance. 



iRichardson, Messages, vol. 1, p. 271. 



46 THE CONTROVERSY OVER NEUTRAL RIGHTS 

Hitherto, therefore, nothing is discoverable in the conduct of France 
which ought to change or relax our measures of defense. On the con- 
trary, to extend and invigorate them is our true policy. We have no 
reason to regret that these measures have been thus far adopted and 
pursued, and in proportion as we enlarge our view of the portentous 
and incalculable situation of Europe we shall discover new and cogent 
motives for the full development of our energies and resources. 

But in demonstrating by our conduct that we do not fear war in the 
necessary protection of our rights and honor we shall give no room to 
infer that we abandon the desire of peace. An efficient preparation for 
war can alone insure peace. It is peace that we have uniformly and 
perseveringly cultivated, and harmony between us and France may be 
restored at her option. But to send another minister without more 
determinate assurances that he would be received would be an act of 
humiliation to which the United States ought not to submit. It must 
therefore be left with France (if she is indeed desirous of accommoda- 
tion) to take the requisite steps. The United States will steadily ob- 
serve the maxims by which they have hither been governed. They will 
respect the sacred rights of embassy ; and with a sincere disposition on 
the part of France to desist from hostility, to make reparation for the 
injuries heretofore inflicted on our commerce, and to do justice in 
future, there will be no obstacle to the restoration of a friendly inter- 
course. In making to you this declaration I give a pledge to France 
and the world that the Executive authority of this country still adheres 
to the humane and pacific policy which has invariably governed its pro- 
ceedings, in conformity with the wishes of the other branches of the 
(jovernment and of the people of the United States. But considering 
the late manifestations of her policy toward foreign nations, I deem it a 
duty deliberately and solemnly to declare my opinion that whether we 
negotiate with her or not, vigorous preparations for war will be alike 
indispensable. These alone will give to us an equal treaty and insure it^ 
observance. 

Among the measures of preparation which appear expedient, I take 
the liberty to recall your attention to the naval establishment. The 
beneficial effects of the small naval armament provided under the act'; 
of the last session are known and acknowledged. Perhaps no country 
ever experienced more sudden and remarkable advantages from any 
measure of policy than we have derived from the arming for our mari- 
time protection and defense. We ought without loss of time to lay the 



BETWEEN THE UNITED STATES AND FRANCE, 1797-1800 47 

foundation for an increase of our Navy to a size sufficient to guard our 
coast and protect our trade. Such a naval force as it is doubtless in 
the povvcr of the United States to create and maintain would also af- 
ford to them the best means of general defense by facilitating the safe 
transportation of troops and stores to every part of our extensive coast. 
To accomplish this important object, a prudent foresight requires that 
systematical measures be adopted for procuring at all times the requisite- 
timber and other supplies. In what manner this shall be done I leave 
to your consideration. 



Address of the Senate to John Adams, President of the United States ' 

The President of the United States: 

Although we have sincerely wished that an adjustment of our differ- 
ences with the Republic of France might be effected on safe and honor- 
able terms, yet the information you have given us of the ultimate fail- 
ure of the negotiation has not surprised us. In the general conduct 
of that Republic we have seen a design of universal influence incom- 
patible with the self-government and destructive of the independence 
of other States. In its conduct toward these United States we have 
seen a plan of hostility pursued with unremitted constancy, equally dis- 
regarding the obligations of treaties and the rights of individuals. We 
have seen two embassies, formed for the purpose of mutual explana- 
tions and clothed with the most extensive and liberal powers, dismissed 
without recognition and even without a hearing. The Government of 
France has not only refused to repeal but has recently enjoined the 
observance of its former edict respecting merchandise of British fabric 
or produce the property of neutrals, by which the interruption of our 
lawful commerce and the spoliation of the property of our citizens have 
again received a public sanction. These facts indicate no change of 
system or disposition ; they speak a more intelligible language than 
professions of solicitude to avoid a rupture, however ardently made. 
But if, after the repeated proofs we have given of a sincere desire 
for peace, these professions should be accompanied by insinuations im- 
plicating the integrity with which it has been pursued ; if, neglecting 
and passing by the constitutional and authorized agents of the Govern- 
ment, they are made through the medium of individuals without public 



iRichardson, Messages, vol. 1, p. 275. 



48 THE COXTROVKRSV OVER NEUTRAL RIGHTS 

character or authority, and, above all, if they carry with them a claim 
to prescribe the political qualifications of the minister of the United 
States to be employed in the negotiation, they are not entitled to atten- 
tion or consideration, but ought to be regarded as designed to separate 
the people from their Government and to bring about by intrigue that 
which open force could not effect. 

We are of opinion with you, sir, that there has nothing yet been dis- 
covered in the conduct of France which can justify a relaxation of the 
means of defense adopted during the last session of Congress, the 
happy result of which is so strongly and generally marked. If the 
force by sea and land which the existing laws authorize should be 
judged inadequate to the public defense, we will perform the indis- 
pensable duty of bringing forward such other acts as will effectually 
call forth the resources and force of our country. 

A steady adherence to this wise and manly policy, a proper direction 
of the noble spirit of patriotism which has arisen in our country, and 
which ought to be cherished and invigorated by every branch of the 
Government, will secure our liberty and independence against all open 
and secret attacks. 

We enter on the business of the present session with an anxious 
solicitude for the public good, and shall bestow that consideration on 
the several objects pointed out in your communication which they re- 
spectively merit. 

Your long and important services, your talents and firmness, so 
often displayed in the most trying times and most critical situations, 
afford a sure pledge of a zealous cooperation in every measure neces- 
sary to secure us justice and respect, 

John Laura nce. 
President of the Senate pro tempore. 

December 11, 1798. 



Reply of the President'^ 

December 12, 1798. 

To the Senate of the United States: 

Gentlemf.n: I thank you for this address, so conformable to the 
spirit of our Constitution and the established character of the Senate 
of the United States for wisdom, honor, and virtue. 



^Richardson, Messages, vol. 1, p. 277. 



BETWEEN THE UNITED STATES AND FRANCE, 1797-1800 49 

I have seen no real evidence of any change of system or disposition 
m the French Repubhc toward the United States. Although the offi- 
cious interference of individuals without public character or authority 
is not entitled to any credit, yet it deserves to be considered whether 
that temerity and impertinence of individuals affecting to interfere in 
public affairs between France and the United States, whether by their 
secret correspondence or otherwise, and intended to impose upon the 
people and separate them from their Government, ought not to be in- 
quired into and corrected. 

I thank you, gentlemen, for your assurances that you will bestow 
that consideration on the several objects pointed out in my communi- 
cation which they respectively merit. 

If I have participated in that understanding, sincerity, and constancy 
which have been displayed by my fellow-citizens and countrymen in 
the most trying times and critical situations, and fulfilled my duties to 
them, I am happy. The testimony of the Senate of the United States 
in my favor is an high and honorable reward which receives, as it 
merits, my grateful acknowledgments. My zealous cooperation in 
measures necessary to secure us justice and consideration may be al- 
ways depended on. 

John Adams. 



Address of the House of Representatives to John Adams, President of 

the United States ^ 

John Adams, 

President of the United States. 
Desirous as we are that all causes of hostility may be removed by 
the amicable adjustment of national differences, we learn with satis- 
faction that in pursuance of our treaties with Spain and with Great 
Britain advances have been made for definitively settling the contro- 
versies relative to the southern and northeastern limits of the United 
States. With similar sentiments have we received your information 
that the proceedings under commissions authorized by the same treaties 
afford to a respectable portion of our citizens the prospect of a final 
decision on their claims for maritime injuries committed by subjects of 
those powers. 



iRichardson, Messages, vol. 1, p. 277. 



50 THE CONTROVERSY OVER NEUTRAL RIGHTS 

It would be the theme of mutual felicitation were we assured of 
experiencing similar moderation and justice from the French Republic, 
between which and the United States differences have unhappily 
arisen ; but this is denied us by the ultimate failure of the measures 
which have been taken by this Government toward an amicable adjust- 
ment of those differences and by the various inadmissible pretensions 
on the part of that nation. 

The continuing in force the decree of January last, to which you 
have more particularly pointed our attention, ought of itself to be con- 
sidered as demonstrative of the real intentions of the French Govern- 
ment. That decree proclaims a predatory warfare against the un- 
questionable rights of neutral commerce which with our means of de- 
fense our interest and our honor command us to repel. It therefore 
now becomes the United States to be as determined in resistance as 
they have been patient in suffering and condescending in negotiation. 

While those who direct the affairs of France persist in the enforce- 
ment of decrees so hostile to our essential rights, their conduct forbids 
us to confide in any of their professions of amity. 

As, therefore, the conduct of France hitherto exhibits nothing which 
ought to change or relax our measures of defense, the policy of extend- 
ing and invigorating those measures demands our sedulous attention. 
The sudden and remarkable advantages which this country has experi- 
enced from a small naval armament sufficiently prove the utility of its 
establishment. As it respects the guarding of our coast, the protection 
of our trade, and the facility of safely transporting the means of terri- 
torial defense to every part of our maritime frontier, an adequate naval 
force must be considered as an important object of national policy. 
Nor do we hesitate to adopt the opinion that, whether negotiations with 
France are resumed or not, vigorous preparations for war will be alike 
indispensable. 

In this conjuncture of affairs, while with you we recognize our abun- 
dant cause of gratitude to the Supreme Disposer of Events for the or- 
dinary blessings of Providence, we regard as of high national impor- 
tance the manifestation in our country of a magnanimous spirit of re- 
sistance to foreign domination. This spirit merits to be cherished and 
invigorated by every branch of Government as the estimable pledge of 
national prosperity and glory. 

Disdaining a reliance on foreign protection, wanting no foreign guar- 
anty of our liberties, resolving to maintain our national independence 



BETWEEN THE UNITED STATES AND FRANCE, 1797-1800 51 

against every attempt to despoil us of this inestimable treasure, we 
confide under Providence in the patriotism and energies of the people 
of these United States for defeating the hostile enterprises of any 
foreign power. 

To adopt with prudent foresight such systematical measures as may 
be expedient for calling forth those energies wherever the national 
exigencies may require, whether on the ocean or on our own territory, 
and to rconcile with the proper security of revenue the convenience 
of mercantile enterprise, on which so great a proportion of the public 
resources depends, are objects of moment which shall be duly regarded 
in the course of our deliberations. 

Fully as we accord with you in the opinion that the United States 
ought not to submit to the humiliation of sending another minister to 
France without previous assurances sufficiently determinate that he will 
be duly accredited, we have heard with cordial approbation the declara- 
tion of your purpose steadily to observe those maxims of humane and 
pacific policy by which the United States have hitherto been governed. 
While it is left with France to take the requisite steps for accommoda- 
tion, it is worthy the Chief Magistrate of a free people to make known 
to the world that justice on the part of France will annihilate every 
obstacle to the restoration of a friendly intercourse, and that the Execu- 
tive authority of this country will respect the sacred rights of embassy. 
At the same time, the wisdom and decision which have characterized 
your past Administration assure us that no illusory professions will 
seduce you into any abandonment of the rights which belong to the 
United States as a free and independent nation. 

December 13, 1798. 



Reply of the President ^ 

December 14, 1798. 
To the House of Representatives of the United States of America. 

Gentlemen : My sincere acknowledgments are due to the House of 
Representatives of the United States for this excellent address so con- 
sonant to the character of representatives of a great and free people. 
The judgment and feelings of a nation, I believe, were never more 
truly expressed by their representatives than those of our constituents 



^Richardson, Messages, vol. 1, p. 280. 



52 THE COXTROVERSV OVER NEUTRAL RIGHTS 

by your decided declaration that with our means of defense our interest 
and honor command us to repel a predatory warfare against the un- 
questionable rights of neutral commerce; that it becomes the United 
States to be as determined in resistance as they have been patient in 
suffering and condescending in negotiation ; that while those who direct 
the attairs of France persist in the enforcement of decrees so hostile 
to our essential rights their conduct forbids us to confide in any of 
their professions of amity ; that an adequate naval force must be con- 
sidered as an important object of national policy, and that, whether 
negotiations with France are resumed or not, vigorous preparations 
for war will be alike indispensable. • 

The generous disdain you so coolly and deliberately express of a re- 
liance on foreign protection, wanting no foreign guaranty of our liber- 
ties, resolving to maintain our national independence against every at- 
tempt to despoil us of this inestimable treasure, will meet the full 
approbation of every sound understanding and exulting applauses from 
the heart of every faithful American. 

I thank you, gentlemen, for your candid approbation of my senti- 
ments on the subject of negotiation and for the declaration of your 
opinion that the policy of extending and invigorating our measures 
of defense and the adoption with prudent foresight of such systematical 
measures as may be expedient for calling forth the energies of our 
country wherever the national exigencies may require, whether on the 
ocean or on our own territory, will demand your sedulous attention. 

At the same time, I take the liberty to assure you it shall be my 
vigilant endeavor that no illusory professions shall seduce me into 
any abandonment of the rights which belong to the United States as a 
free and independent nation. 

John Adams. 



THIRD ANNUAL ADDRESS 

United States^ December 5, 1799- 
Gentlemen of the Senate and Gentlemen of the House of 
Representatives: 
Persevering in the pacific and humane policy which had been in- 
variably professed and sincerely pursued by the Executive authority 
of the United States, when indications were made on the part of the 



^Richardson, Messages, vol. 1, pp. 289-290. 



BETWEEN THE UNITED STATES AND FRANCE, 1797-1800 53 

French Republic of a disposition to accommodate the existing differ- 
ences between the two countries, I felt it to be my duty to prepare for 
meeting their advances by a nomination of ministers upon certain con- 
ditions which the honor of our country dictated, and which its modera- 
tion had given it a right to prescribe. The assurances which were 
required of the French Government previous to the departure of our 
envoys have been given through their minister of foreign relations, 
and I have directed them to proceed on their mission to Paris. They 
have full power to conclude a treaty, subject to the constitutional ad- 
vice and consent of the Senate. The characters of these gentlemen are 
sure pledges to their country that nothing incompatible with its honor 
or interest, nothing inconsistent with our obligations of good faith or 
friendship to any other nation, will be stipulated. 

John Adams. 



Address of the Senate to John Adams, President of the United States'^ 

The President of the United States : 

When we reflect upon the uncertainty of the result of the late mis- 
sion to France and upon the uncommon nature, extent, and aspect of 
the war now raging in Europe, which afTects materially our relations 
with the powers at war, and which has changed the condition of their 
colonies in our neighborhood, we are of opinion with you that it would 
be neither wise nor safe to relax our measures of defense or to lessen 
any of our preparations to repel aggression. 

Samuel Livermore, 
President of the Senate pro tempore. 

December 9, 1799. 



Address of the House of Representatives to John Adams, President of 

the United States- 

The President of the United States: 

Highly approving as we do the pacific and humane policy which has 
been invariably professed and sincerely pursued by the Executive au- 



iRichardson, Messages, vol. 1, p. 292. 
2Ibid., p. 293. 



54 THE CONTROVERSY OVER NEUTRAL RIGHTS 

thority of ttie United States, a policy which our best interests en- 
joined, and of which honor has permitted the observance, we consider 
as the most unequivocal proof of your inflexible preseverance in the 
same well-chosen system your preparation to meet the first indications 
on the part of the French Republic of a disposition to accommodate 
the existing differences between the two countries by a nomination of 
ministers, on certain conditions which the honor of our country un- 
questionably dictated, and which its moderation had certainly given it 
a right to prescribe. When the assurances thus required of the French 
Government, previous to the departure of our envoys, had been given 
through their minister of foreign relations, the direction that they 
should proceed on their mission was on your part a completion of the 
measure, and manifests the sincerity with which it was commenced. 
We offer up our fervent prayers to the Supreme Ruler of the Universe 
for the success of their embassy, and that it may be productive of 
peace and happiness to our common country. The uniform tenor of 
your conduct through a life useful to your fellow-citizens and honor- 
able to yourself gives a sure pledge of the sincerity with which the 
avowed objects of the negotiation will be pursued on your part, and we 
earnestly pray that similar dispositions may be displayed on the part 
of France. The dift'erences which unfortunately subsist between the 
two nations can not fail in that event to be happily terminated. To 
produce this end, to all so desirable, firmness, moderation, and union 
at home constitute, we are persuaded, the surest means. The char- 
acter of the gentlemen you have deputed, and still more the character 
of the Government which deputes them, are safe pledges to their 
country that nothing incompatible with its honor or interest, nothing 
inconsistent with our obligations of good faith or friendship to any 
other nation, will be stipulated. 

We learn with pleasure that our citizens, with their property, trading 
to those ports of St. Domingo with which commercial intercourse has 
been renewed have been duly respected, and that privateering from 
those ports has ceased. 

December 9, 1799. 



BETWEEN THE UNITED STATES AND FRANCE, 1797-1800 55 

Reply of the President^ 

United States, December lo, 1799- 
Gentlemen of the House of Representatives: 

As long as we maintain with harmony and affection the honor of our 
country consistently with its peace, externally and internally, while 
that is attainable, or in war when that becomes necessary, assert its 
real independence and sovereignty, and support the constitutional ener 
gies and dignity of its Government, we may be perfectly sure, under 
the smiles of Divine Providence, that we shall effectually promote and 
extend our national interest and happiness. 

John Adams, 



FOURTH ANNUAL ADDRESS ^ 

United States, November 22, 1800. 
Gentlemen of the Senate and Gentlemen of the House of 
Representa fives : 

The envoys extraordinary and ministers plenipotentiary from the 
United States to France were received by the First Consul with the 
respect due to their character, and three persons with equal powers 
were appointed to treat with them. Although at the date of the last 
official intelligence the negotiation had not terminated, yet it is to be 
hoped that our efforts to effect an accommodation will at length meet 
with a success proportioned to the sincerity with which they have been 
so often repeated. 

While our best endeavors for the preservation of harmony with all 
nations will continue to be used, the experience of the world and our 
own experience admonish us of the insecurity of trusting too confi- 
dently to their success. We can not. without committting a dangerous 
imprudence, abandon those measures of self-protection which are 
adapted to our situation and to which, notwithstanding our pacific 
policy, the violence and injustice of others may again compel us to 
resort. While our vast extent of seacoast, the commercial and agricul- 
tural habits of our people, the great capital they will continue to trust 



iRichardson, Messages, vol. 1, p. 296. 
2Ibid., p. 305. 



56 THE COXTROVERSV OVER NEUTRAL RIGHTS 

on the ocean, suggest the system of defense which will be most bene- 
ficial to ourselves, our distance from Europe and our resources for 
maritime strength will enable us to employ it with efifect. Seasonable 
and systematic arrangements, so far as our resources will justify, for 
a navy adapted to defensive war. and which may in case of necessity 
be quickly brought into use, seem to be as much recommended by a 
wise and true economy as by a just regard for our future tranquillity, 
for the safety of our shores, and for the protection of our property 
committed to the ocean. 

The present Navy of the United States, called suddenly into existence 
by a great national exigency, has raised us in our own esteem, and by 
the protection afforded to our commerce has effected to the extent of 
our expectations the objects for which it was created. 



Address of the House of Representatives to John Adaiiu, President of 

the United States'^ 

John Adams, 

President of the United States: 

The Constitution of the United States having confided the manage- 
ment of our foreign negotiations to the control of the Executive power, 
we cheerfully submit to its decisions on this important subject; and in 
respect to the negotiations now pending with France we sincerly hope 
that the final result may prove as fortunate to our country as the most 
ardent mind can wish. 

So long as a predatory war is carried on against our commerce we 
should sacrifice the interests and disappoint the expectations of our 
constituents should we for a moment relax that system of maritime 
defense which has resulted in such beneficial efifects. At this period 
it is confidently believed that few persons can be found within the 
United States who do not admit that a navy, well organized, must 
constitute the natural and efficient defense of this country against all 
foreign hostility. 

November 26. 1800. 



iRichardson, Messages, vol. 1, p. 310. 



BETWEEN THE UNITED STATES AND FRANCE, 1797-1800 S7 

Reply of the President^ 

Washington, November 2y, 1800. 
Mr. Speaker and Gentlejiioi of the House of Representatives: 

With you, gentlemen, I sincerely hope that the final result of the 
negotiations now pending with France may prove as fortunate to our 
country as they have been commenced with sincerity and prosecuted 
with deliberation and caution. With you I cordially agree that so 
long as a predatory war is carried on against our commerce we should 
sacrifice the interests and disappoint the expectations of our con- 
stituents should we for a moment relax that system of maritime de- 
fense which has resulted in such beneficial effects. With you I con- 
fidently believe that few persons can be found within the United States 
who do not admit that a navy, well organized, must constitute the 
natural and efficient defense of this country against all foreign hostilit\. 

John Adams. 



iRichardson, Messages, vol. 1, p. 312. 



Acts of Congress 

Chap. XLVIII. — An Act more effectually to protect the Commerce 
and Coasts of the United States} 

Whereas armed vessels sailing under authority or pretense of au- 
thority from the Republic of France, have committed depredations on 
the commerce of the United States, and have recently captured the 
vessels and property of citizens thereof, on and near the coasts, in 
violation of the law of nations, and treaties between the United States 
and the French nation. Therefore : 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That it shall be law- 
ful for the President of the United States, and he is hereby authorized 
to instruct and direct the commanders of the armed vessels belonging 
to the United States to seize, take and bring into any port of the 
United States, to be proceeded against according to the laws of 
nations, any such armed vessel which shall have committed or which 
shall be found hovering on the coasts of the United States, for the 
purpose of committing depredations on the vessels belonging to citizens 
thereof ; — and also to retake any ship or vessel, of any citizen or citi- 
zens of the United States which may have been captured by any such 
armed vessel. 

Approved, May 28, 1798. 



Chap. LIII. — An Act to suspend the commercial intercourse betiveen 
the United States and France, and the dependencies thereof.- 

Section 1. Be it enacted by the Senate and House of Representa- 
tives of the United States of America in Congress assembled. That no 
ship or vessel, owned, hired, or employed, wholly or in part, by any 
person resident within the United States, and which shall depart 
therefrom after the first day of July next, shall be allowed to proceed 
directly, or from any intermediate port or place, to any port or place 
within the territory of the French Republic, or the dependencies there- 
of, or to any place in the West Indies, or elsewhere under the ac- 



^Statutes at Large, vol. I, p. 561. 
-Ibid., p. 565. 



60 THE CONTROVERSY OVER NEUTRAL RIGHTS 

knowledged government of France, or shall be employed in any traf- 
fic or commerce with, or for any person resident within the jurisdic- 
tion, or under the authority of the French Republic. And if any ship 
or vessel, in any voyage thereafter commencing, and before her return 
within the United States, shall be voluntarily carried, or suffered to 
proceed to any French port or place as aforesaid, or shall be employed 
as aforesaid, contrary to the intent hereof, every such ship or vessel 
together with her cargo shall be forfeited, and shall accrue, the one 
half to the use of the United States, and the other half to the use of any 
person or persons, citizens of the United States, who will infomi and 
prosecute for the same ; and shall be liable to be seized, prosecuted and 
condemned in any circuit or district court of the United States which 
shall be holden within or for the district where the seizure shall be 
made. 

Sec. 2. And be it further enacted, That after the first day of July 
next, no clearance for a foreign voyage shall be granted to any ship 
or vessel, owned, hired, or employed, w-hoUy or in part, by any per- 
son resident within the United States, until a bond shall be given to 
the use of the United States, wherein the owner or employer, if 
usually resident or present, where the clearance shall be required, and 
otherwise his agent or factor, and the master or captain of such ship 
or vessel for the intended voyage, shall be parties, in a sum equal to 
the value of the ship or vessel, and her cargo, and shall find sufficient 
surety or sureties, to the amount of one half the value thereof, with 
condition that the same shall not, during her intended voyage or 
before her return within the United States, proceed, or be carried, 
directly or indirectly, to any port or place w'ithin the territory of the 
French Republic, or the dependencies thereof, or any place in the 
West Indies, or elsewhere, under the acknowledged government of 
France, unless by distress of weather, or want of provisions, or by 
actual force and violence, to be fully proved and manifested before the 
acquittance of such bond ; and that such vessel is not, and shall not be 
employed during her intended voyage, or before her return, as afore- 
said, in any traffic or commerce with or for any person resident within 
the territory of that republic, or in any of the dependencies thereof. 

Sec. 3. And be it further enacted. That from and after due notice 
of the passing of this act, no French ship or vessel, armed or unarmed, 
commissioned by or for. or under the authority of the French Republic, 
or owned, fitted, hired or employed by any person resident within the 



BETWEEN THE UNITED STATES AND FRANCE, 1797-1800 61 

territory of that republic, or any of the dependencies thereof, or sail- 
ing or coming therefrom, excepting any vessel to which the President 
of the United States shall grant a passport, which he is hereby author- 
ized to grant in all cases where it shall be requisite for the purposes 
of any political or national intercourse, shall be allowed an entry, or 
to remain within the territory of the United States, unless driven there 
by distress of weather, or in want of provisions. And if contrary to 
the intent hereof any such ship or vessel shall be found within -the 
jurisdictional limits of the United States, not being liable to seizure 
for any other cause, the company having charge thereof shall be re- 
quired to depart and carry away the same, avoiding all unnecessary 
delay; and if they shall, notwithstanding, remain, it shall be the duty 
of the collector of the district, wherein, or nearest to which, such ship 
or vessel shall be, to seize and detain the same, at the expense of the 
United States : Provided, that ships or vessels which shall be bona fide 
the property of, or hired, or employed by citizens of the United States, 
shall be excepted from this prohibition until the first day of December 
next, and no longer: And provided that in the case of vessels hereby 
prohibited, which shall be driven by distress of weather, or the want 
of provisions into any port or place of the United States, they may 
be suffered to remain under the custody of the collector there, or 
nearest thereto, until suitable repairs or supplies can be obtained, and 
as soon as may be thereafter shall be required and sufifered to depart : 
but no part of the lading of such vessel shall be taken out or disposed 
of, unless by the special permit of such collector, or to defray the 
unavoidable expense of such repairs or supplies. 

Sec. 4. And be it further enacted, That this act shall continue and 
be in force until the end of the next session of Congress, and no 
longer. 

Sec. 5. Provided, and he it further enacted. That if, before the next 
session of Congress, the government of France, and all persons acting 
by or under their authority, shall clearly disavow, and shall be found 
to refrain from the aggressions, depredations and hostilities which 
have been, and are by them encouraged and maintained against the 
vessels and other property of the citizens of the United States, and 
against their national rights and sovereignty, in violation of the faith 
of treaties, and the laws of nations, and shall thereby acknowledge 
the just claims of the United States to be considered as in all respects 
neutral, and unconnected in the present European war, if the same 



62 • THE CONTROVERSY OVER NEUTRAL RIGHTS 

shall be continued, then and thereupon it shall be lawful for the 
President of the United States, being well ascertained of the premises, 
to remit and discontinue the prohibitions and restraints hereby enacted 
and declared ; and he shall be, and is hereby authorized to make procla- 
mation thereof accordingly : Provided, that nothing in this act con- 
tained, shall extend to any ship or vessel to which the President of the 
United States shall grant a permission to enter or clear ; which per- 
mission he is hereby authorized to grant to vessels which shall be 
solely employed in any purpose of political or national intercourse, or 
to aid the departure of any French persons, with their goods and 
effects, who shall have been resident within the United States, when 
he may think it requisite. 
Approved, June 13, 1798. 



Chap. LX. — An Act to authorize the defence of the Merchant J'essels 
of the United States against French depredations} 

Section 1. Be it enacted by the Senate and House of Representa- 
tives of the United States of America in Congress assembled, That 
the commander and crew of any merchant vessel of the United States, 
owned wholly by a citizen or citizens thereof, may oppose and defend 
against any search, restraint or seizure, which shall be attempted upon 
such vessel, or upon any other vessel, owned, as aforesaid, by the 
commander or crew of any armed vessel sailing under French colours, 
or acting, or pretending to act, by, or under the authority of the French 
republic ; and may repel by force any assault or hostility which shall 
be made or committed, on the part of such French, or pretended French 
vessel, pursuing such attempt, and may subdue and capture the same ; 
and may also retake any vessel owned, as aforesaid, which may have 
been captured by any vessel sailing under French colours, or acting, 
or pretending to act, by or under authority from the French republic. 

Sec. 2. And be it further enacted, That whenever the commander 
and crew of any merchant vessel of the United States shall subdue 
and capture any French, or pretended French armed vessel, from 
which an assault or other hostility shall be first made, as aforesaid, 
such armed vessel with her tackle, appurtenances, ammunition and 
lading, shall accrue, the one half to the owner or owners of such 



^Statutes at Large, vol. I, p. 572. 



BETWEEN THE UNITED STATES AND FRANCE, 1797-1800 63 

merchant vessel of the United States, and the other half to the captors: 
And being brought into any port of the United States, shall and may 
be adjudged and condemned to their use, after due process and trial, 
in any court of the United States, having admiralty jurisdiction, and 
which shall be holden for the district into which such captured vessel 
shall be brought ; and the same court shall thereupon order a sale 
and distribution thereof, accordingly, and at their discretion ; saving 
any agreement, which shall be between the owner or owners, and the 
commander and crew of such merchant vessel. In all cases of recap- 
ture of vessels belonging to citizens of the United States, by any armed 
merchant vessel, aforesaid, the said vessels, with their cargoes, shall 
be adjudged to be restored, and shall, by decree of such courts as have 
jurisdiction, in the premises, be restored to the former owner or 
owners, he or they paying for salvage, not less than one eighth, nor 
more than one half of the true value of the said vessels and cargoes, 
at the discretion of the court ; which payments shall be made without 
any deduction whatsoever. 

Sec. 3. And be it further enacted, That after notice of this act, at 
the several custom-houses, no armed merchant vessel of the United 
States shall receive a clearance or permit, or shall be suffered to depart 
therefrom, unless the owner or owners, and the master or commander 
of such vessel for the intended voyage, shall give bond, to the use of 
the United States, in a sum equal to double the value of such vessel, 
with condition, that such vessel shall not make or commit any depre- 
dation, outrage, unlawful assault, or unprovoked violence upon the 
high seas, against the vessel of any nation in amity with the United 
States ; and that the guns, arms and ammunition of such vessel shall 
be returned within the United States, or otherwise accounted for, and 
shall not be sold or disposed of in any foreign port or place; and that 
such owner or owners, and the commander and crew of such merchant 
vessel shall, in all things, observe and perform such further instruc- 
tions in the premises, as the President of the United States shall 
establish and order, for the better government of the armed merchant 
vessels of the United States. 

Sec. 4. And he it further enacted. That the President of the United 
States shall be, and he is hereby authorized to establish and order 
suitable instructions to, and for, the armed merchant vessels of the 
United States, for the better governing and restraining the command- 
ers and crews who shall be employed therein, and to prevent any out- 



64 . THE CONTROVKRSV OVER NEUTRAL RIGHTS 

rage, cruelty or injury which they may be disposed to commit; a copy 
of which instructions shall be delivered by the collector of the customs 
to the commander of such vessel, when he shall give bond, as afore- 
said. And it shall be the duty of the owner or owners, and com- 
mander and crew, for the time being, of such armed merchant vessel 
of the United States, at each return to any port of the United 
States, to make report to the collector thereof of any rencoun- 
ter which shall have happened with any foreign vessel, and of 
the state of the company and crew of any vessel which they shall have 
subdued or captured; and the persons of such crew or company shall 
be delivered to the care of such collector, who, with the aid of the 
marshal of the same district, or the nearest military officer of the 
United States, or of the civil or military officers of any state, shall 
take suitable care for the restraint, preservation and comfort of such 
persons, at the expense of the United States, until the pleasure of the 
President of the United States shall be known concerning them. 

Sec. 5. And be it further enacted, That this act shall continue and 
be in force for the term of one year, and until the end of the next 
session of Congress thereafter. 

Sec. 6. Provided, and be it further enacted, That whenever the 
government of France, and all persons acting by, or under their au- 
thority, shall disavow, and shall cause the commanders and crews of 
all armed French vessels to refrain from the lawless depredations and 
outrages hitherto encouraged and authorized by that government 
against the merchant vessel [s] of the United States, and shall cause 
the laws of nations to be observed by the said armed French vessels, 
the President of the United States shall be, and he is hereby author- 
ized to instruct the commanders and crews of the merchant vessels of 
the United States to submit to any regular search by the commanders 
or crews of French vessels, and to refrain from any force or capture 
to be exercised by virtue hereof. 

Approved, June 25, 1798. 



Chap. LXII. — An Act in addition to the act more effectually to protect 
the Commerce and Coasts of the United States} 

Section 1. Be it enacted by the Senate and House of Representa- 
tives of the United States of America in Congress assembled, That all 



^Statutes at Large, vol. I, p. 574. 



BETWEEN THE UNITED STATES AND FRANCE, 1797-1800 65 

such armed vessels as may be seized, taken and brought into any port 
of the United States, in pursuance of the act, entitled "An act more 
effectually to protect the commerce and coasts of the United States," 
with the apparel, guns and appurtenances of such vessels, and the 
goods and effects, which shall be found on board the same, shall be 
liable to forfeiture and condemnation, and may be libelled and pro- 
ceeded against in the district courts of the United States, for the 
district into which the same may beb rought: Provided, that such for- 
feiture shall not extend to any goods or effects, the property of any 
citizen or person resident within the United States, and which shall 
have been before taken by the crew of such captured vessel. 

Sec. 2. And be it further enacted, That whenever any vessel the 
property of, or employed by any citizen of the United States, or per- 
son resident therein, or any goods or effects belonging to any such 
citizen or resident shall be re-captured by any public armed vessel of 
the United States, the same shall be restored to the former owner or 
owners, upon due proof, he or they paying and allowing, as and for 
salvage to the recaptors, one eighth part of the value of such vessel, 
goods and effects, free of all deductions and expenses. 

Sec. 3. And he it further enacted, That whenever any armed vessel, 
captured and condemned, as aforesaid, shall have been of superior or 
equal force to the public armed vessel of the United' States by which 
such capture shall have been made, the forfeiture shall be and accrue 
wholly to the captors: and in other cases, one half thereof shall be 
to the use of the United States, and the residue to the captors. And 
all salvage which shall be allowed and recovered upon any vessel, 
goods or effects re-captured, and to be restored, as aforesaid, shall 
belong wholly to the officers and crew of the public armed vessel of 
the United States by which such re-capture shall be made : and the 
court before whom any condemnation shall be had, as aforesaid, shall 
and may order the sale of the vessel, goods and effects condemned, 
to be made at public auction, upon due notice by the marshal of the 
district in which the same shall be: and all expenses of condemnation 
and sale, being deducted from the proceeds, the part thereof which 
shall accrue to the United States, shall be paid into the public treasury, 
and the residue, and all allowances of salvage, as aforesaid, shall be 
distributed to, and among the officers and crews concerned therein, 
'n the proportions which the President of the United States shall 
direct. 



66 THE COXTROVERSV OVER NEUTRAL RIGHTS 

Sec. 4. And be it further enacted, That it shall be lawful for the 
President of the United States, to cause the officers and crews of the 
vessels so captured and hostile persons found on board any vessel, 
which shall be re-captured, as aforesaid, to be confined in any place 
of safety within the United States, in such manner as he may think 
the public interest may require, and all marshals and other officers 
of the United States are hereby required to execute such orders as the 
President may issue for the said purpose. 

Approved, June 28, 1798. 



Chap. LXVI. — An Act respecting Alien Enemies} 

Section 1. Be it enacted by the Senate and House of Representa- 
tives of the United States of Arnerica in Congress assembled, That 
whenever there shall be a declared war between the United States 
and any foreign nation or government, or any invasion or predatory 
incursion shall be perpetrated, attempted, or threatened against the 
territory of the United States, by any foreign nation or government, 
and the President of the United States shall make public proclamation 
of the event, all natives, citizens, denizens, or subjects of the hostile 
nation or government, being males of the age of fourteen years and 
upwards, who shall be within the United States, and not actually 
naturalized, shall be liable to be apprehended, restrained, secured and 
removed, as alien enemies. And the President of the United States 
shall be, and he is hereby authorized, in any event, as aforesaid, by his 
proclamation thereof, or other public act, to direct the conduct to be 
observed, on the part of the United States, towards the aliens who 
shall become liable, as aforesaid ; the manner and degree of the 
restraint to which they shall be subject, and in what cases, and upon 
w^hat security their residence shall be permitted, and to provide for the 
removal of those, who, not being permitted to reside within the United 
States, shall refuse or neglect to depart therefrom ; and to establish 
any other regulations which shall be found necessary in the premises 
and for the public safety: Provided, that aliens resident within the 
United States, who shall become liable as enemies, in the manner afore- 
said, and who shall not be chargeable with actual hostility, or other 
crime against the public safety, shall be allowed, for the recovery, dis- 



iStatutes at Large, vol. I, p. 577. 



BETWEEN THE UNITED STATES AND FRANCE, 1797-1800 67 

posal, and removal of their goods and effects, and for their departure, 
the full time which is, or shall be stipulated by any treaty, where any 
shall have been between the United States, and the hostile nation or 
government, of which they shall be natives, citizens, denizens or sub- 
jects: and where no such treaty shall have existed, the President of 
the United States may ascertain and declare such reasonable time as 
may be consistent with the public safety, and according to the dictates 
of humanity and national hospitality. 

Sec. 2. And be it further enacted. That after any proclamation shall 
be made as aforesaid, it shall be the duty of the several courts of the 
Ignited States, and of each state, having criminal jurisdiction, and of 
the several judges and justices of the courts of the United States, 
and they shall be, and are hereby respectively, authorized upon com- 
plaint, against any alien or alien enemies, as aforesaid, who shall be 
resident and at large within such jurisdiction or district, to the danger 
of the public peace or safety, and contrary to the tenor or intent of 
such proclamation, or other regulations which the President of the 
United States shall and may establish in the premises, to cause such 
alien or aliens to be duly apprehended and convened before such court, 
judge or justice; and after a full examination and hearing on such 
complaint, and sufficient cause therefor appearing, shall and may 
order such alien or aliens to be removed out of the territory of the 
United States, or to give sureties of their good behaviour, or to be 
otherwise restrained, conformably to the proclamation or regulations 
which shall and may be established as aforesaid, and may imprison, 
or otherwise secure such alien or aliens, until the order which shall 
and may be made, as aforesaid, shall be performed. 

Sec. 3. And he it further enacted, That it shall be the duty of the 
marshal of the district in which any alien enemy shall be apprehended, 
who by the President of the United States, or by order of any court, 
judge or justice, as aforesaid, shall be required to depart, and to be 
removed, as aforesaid, to provide therefor, and to execute such order, 
by himself or his deputy, or other discreet person or persons to be 
employed by him, by causing a removal of such alien out of the terri- 
tory of the United States ; and for such removal the marshal shall 
have the warrant of the President of the United States, or of the 
court, judge or justice ordering the same, as the case may be. 

Approved, July 6, 1798. 



68 THE CONTROVERSY OVER NEUTRAL RIGHTS 

Chap. LXVII. — An Act to declare the treaties heretofore concluded 
with France, no longer obligatory on the United States} 

Whereas the treaties concluded between the United States and 
France have been repeatedly violated on the part of the French gov- 
ernment ; and the just claims of the United States for reparation of the 
injuries so committed have been refused, and their attempts to negotiate 
an amicable adjustment of all complaints between the two nations, 
have been repelled with indignity : And whereas, under authority of 
the French government, there is yet pursued against the United States, 
a system of predatory violence, infracting the said treaties, and hostile 
to the rights of a free and independent nation : 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the United 
States are of right freed and exonerated from the stipulations of the 
treaties, and of the consular convention, heretofore concluded between 
the United States and France; and that the same shall not henceforth 
be regarded as legally obligatory on the government or citizens of the 
United States. 

Approved, July 7, 1798. 



Chap. I^XVIII. — An Act further to protect the Commerce of the 

United States.'^ 

Section 1. Be it enacted by the Senate and House of Representa- 
tives of the United States of America in Congress assembled, That the 
President of the United States shall be, and he is hereby authorized 
to instruct the commanders of the public armed vessels which are, or 
which shall be employed in the service of the United States, to subdue, 
seize and take any armed French vessel, which shall be found within 
the jurisdictional limits of the United States, or elsewhere, on the high 
seas, and such captured vessel, with her apparel, guns and appurte- 
nances, and the goods or effects which shall be found on board the 
same, being French property, shall be brought within some port of the 
United States, and shall be duly proceeded against and condemned as 
forfeited ; and shall accrue and be distributed, as by law is or shall be 
provided respecting the captures which shall be made by the public 
armed vessels of the United States. 



^Statutes at Large, vol. I, p. 578. 
^Ibid., p. 578. 



BETWEEN THE UNITED STATES AND FRANCE, 1797-1800 69 

Sec. 2. And be it further enacted, That the President of the United 
States shall be, and he is hereby authorized to grant to the owners of 
private armed ships and vessels of the United States, who shall make 
application therefor, special commissions in the form which he shall 
direct, and under the seal of the United States ; and such private armed 
vessels, when duly commissioned, as aforesaid, shall have the same 
license and authority for the subduing, seizing and capturing any 
armed French vessel, and for the recapture of the vessels, goods and 
effects of the people of the United States, as the public armed vessels 
of the United States may by law have ; and shall be, in like manner, 
subject to such instructions as shall be ordered by the President of the 
United States, for the regulation of their conduct. And the commis- 
sions which shall be granted, as aforesaid, shall be revocable at the 
pleasure of the President of the United States. 

Sec. 3. Provided, and he it further enacted. That every person in- 
tending to set forth and employ an armed vessel, and applying for a 
commission, as aforesaid, shall produce in writing the name, and a 
suitable description of the tonnage and force of the vessel, and the 
name and place of residence of each owner concerned therein, the 
number of the crew and the name of the commander, and the two 
officers next in rank, appointed for such vessel ; which writing shall 
be signed by the person or persons making such application, and filed 
with the Secretary of State, or shall be delivered to any other officer 
or person who shall be employed to deliver out such commissions, 
to be by him transmitted to the Secretary of State. 

Sec. 4. And provided, and be it further enacted, That before any 
commission, as aforesaid, shall be issued, the owner or owners of the 
ship or vessel for which the same shall be requested, and the com- 
mander thereof, for the time being, shall give bond to the United 
States, with at least two responsible sureties, not interested in such 
vessel, in the penal sum of seven thousand dollars; or if such vessel 
be provided with more than one hundred and fifty men, then in the 
penal sum of fourteen thousand dollars ; with condition that the own- 
ers, and officers, and crews who shall be employed on board of such 
commissioned vessel, shall and will observe the treaties and laws of 
the United States, and the instructions which shall be given them for 
the regulation of their conduct: And will satisfy all damages and 
injuries which shall be done or committed contrary to the tenor thereof. 



70 'the controversy over neutral rights 

by such vessel, during her commission, and to deliver up the same 
when revoked by the President of the United States. 

Sec. 5. And be it further enacted, That all armed French vessels, 
together with their apparel, guns and appurtenances, and any goods 
or effects which shall be found on board the same, being French 
property, and which shall be captured by any private armed vessel or 
vessels of the United States, duly commissioned, as aforesaid, shall be 
forfeited, and shall accrue to the owners thereof, and the officers and 
crews by whom such captures shall be made ; and on due condemnation 
had, shall be distributed according to any agreement which shall be 
between them ; or in failure of such agreement, then by the discretion 
of the court before whom such condemnation shall be. 

Sec. 6. And he it further enacted, That all vessels, goods and effects, 
the property of any citizen of the United States, or person resident 
therein, which shall be recaptured, as aforesaid, shall be restored to the 
lawful owners, upon payment by them, respectively, of a just and 
reasonable salvage, to be determined by the mutual agreement of the 
parties concerned, or bv the decree of any court of the United States 
having maritime jurisdiction according to the nature of each case: 
Proznded, that such allowance shall not be less than one eighth, or 
exceeding one half of the full value of such recapture, without any 
deduction. And such salvage shall be distributed to and among the 
owners, officers and crews of the private armed vessel or vessels 
entitled thereto, according to any agreement which shall be between 
them : or in case of no agreement, then by the decree of the court who 
shall determine upon such salvage. 

Sec. 7. And be it further enacted. That before breaking bulk of any 
vessel which shall be captured, as aforesaid, or other disposal or con- 
version thereof, or of any articles which shall be found on board 
the same, such capture shall be brought into some port of the United 
States, and shall be libelled and proceeded against before the district 
court of the same district; and if after a due course of proceedings, 
such capture shall be decreed as forfeited in the district court, or in 
the circuit court of the same district, in the case of any appeal duly 
allowed, the same shall be delivered to the owners and captors con- 
cerned therein, or shall be publicly sold by the marshal of the same 
court, as shall be finally decreed and ordered by the court. And the 
same court, who shall have final jurisdiction of any libel or com- 
plaint of any capture, as aforesaid, shall and may decree restitution, 



BETWEEN THE UNITED STATES AND FRANCE, 1797-1800 71 

in whole or in part, when the capture and restraint shall have been 
made without just cause, as aforesaid; and if made without probable 
cause, or otherwise unreasonably, may order and decree damages and 
costs to the party injured, and for which the owners, officers and 
crews of the private armed vessel or vessels by which such unjust 
capture shall have been made, and also such vessel or vessels shall be 
answerable and liable. 

Sec. 8. And be it further enacted, That all French persons and 
others, who shall be found acting on board any French armed vessel, 
which shall be captured, or on board of any vessel of the United States, 
which shall be recaptured, as aforesaid, shall be reported to the col- 
lector of the port in which they shall first arrive, and shall be delivered 
to the custody of the marshal, or of some civil or military officer of 
the United States, or of any state in or near such port ; who shall take 
charge for their safe keeping and support, at the expense of the United 
States. 

Approved, July 9, 1798. 



Chap. X. — An Act further to suspend the commercial intercourse 
between the United States and France, and the dependencies thereof} 

Section 1. Be it enacted by the Senate and House of Representa- 
tives of the United States of America in Congress assembled, That 
all commercial intercourse between any person or persons resident 
within the United States or under their protection, and any person or 
persons resident within the territories of the French Republic, or any 
of the dependencies thereof, shall be, and from and after the second 
day of March next, is hereby prohibited and farther suspended, ex- 
cepting only in the cases hereinafter provided. And any ship or vessel, 
owned, hired, or employed wholly or in part by any person or persons 
resident within the United States, or any citizen or citizens thereof 
resident elsewhere, and sailing therefrom after that day, which con- 
trary to the intent hereof, shall be voluntarily carried, or shall be 
destined or permitted to proceed, or shall be sold, bartered, entrusted 
or transferred, for the purpose that she may proceed, whether directly 
or from any intermediate port or place, to any port or place within the 
territories of that Republic, or any of the dependencies thereof ; or 



^Statutes at Large, vol. II, p. 7. 



/Z THE CONTROVERSY OVER NEUTRAL RIGHTS 

shall be engaged in any traffic or commerce, by or for any person resi- 
dent within the territories of that Republic, or within any of the 
dependencies thereof ; and also any cargo which shall be found on board 
of such ship or vessel, when detected and interrupted in such unlawful 
purpose, or at her return from such voyage to the United States, shall 
be wholly forfeited, and may be seized and condemned in any court 
of the United States, having competent jurisdiction. 

Sec. 2. And be it further enacted, That excepting for foreign ships 
or vessels owned, hired, and employed by persons permanently re- 
siding in Europe, and commanded and wholly navigated by foreigners, 
no clearance for a foreign voyage shall be granted to any ship or 
vessel whatever, until the owner or the employer for the voyage, or 
if not resident within the district where the clearance shall be required, 
his factor or agent, with the master and one or more sufficient surety 
or sureties, to the satisfaction of the collector of the district, shall give 
bond to the United States, such owner, employer, or factor, with the 
master, in a sum equal to the value of the vessel, and of one-third 
of her cargo ; and such surety or sureties in a like sum, when it shall 
not exceed ten thousand dollars ; and if it shall exceed, then in that 
sum, with condition that the ship or vessel for which a clearance shall 
be required, is actually destined, and shall proceed to some port or 
place without the limits or jurisdiction of the French Republic, or 
any of the dependencies thereof, and during the intended voyage shall 
not be voluntarily carried, or permitted to proceed or sold, entrusted 
or transferred, with the purpose that she may proceed whether di- 
rectly, or from any intermediate port or place, to any port or place 
within the territories of that Republic, or any of the dependencies 
thereof ; and shall not, at any such port or place, voluntarily deliver 
or unlade any part of such cargo; and if compelled by distress of 
weather, or taken by force into any such port or place, will not there 
receive on board of such ship or vessel any goods, produce, or mer- 
chandise, other than necessary sea stores ; and generally, that such 
ship or vessel shall not be employed in any traffic or commerce with or 
for any person resident within the territory of the French Republic, 
or any of the dependencies thereof. 

Sec. 3. Provided, and be it further enacted. That when any ship or 
vessel which shall obtain a clearance for a foreign voyage, after a 
bond shall be given as aforesaid, shall be compelled by distress of 



BETWEEN THE UNITED STATES AND FRANCE, 1797-1800 7Z 

weather, or other casualty endangering the safety of such ship or ves- 
sel, or of the mariners on board the same, or shall be taken by any 
armed vessel, or other superior force, into any port or place within 
the territories of the French Republic, or any of the dependencies 
thereof, and shall there necessarily unlade and deliver, or shall be de- 
prived of any cargo then on board, then, and in such case, the master 
or other person having charge of such ship or vessel, may receive com- 
pensation or payment in bills of exchange, or in money or bullion, for 
such cargo, but not otherwise, and shall not be understood thereby to 
contravene this law, or to incure a forfeiture of the said bond. 

Sec. 4. And be it further enacted, That no ship or vessel coming 
from any port or place within the territories of the French Republic, 
or any of the dependencies thereof, whether with or without a cargo, 
or from any other port or place, with a cargo on board obtained for, 
or laden on board of such vessel at any port or place within the said 
territories or dependencies, which shall arrive within the limits of the 
United States after the said second day of March next, shall be ad- 
mitted to an entry with the collector of any district ; and each and 
every such ship or vessel which shall arrive as aforesaid, having on 
board any goods, wares or merchandise, destined to be delivered within 
the United States, contrary to the intent of this act, or which shall 
have otherwise contravened the same, together with the cargo which 
shall be found on board, shall be forfeited, and may be seized and 
condemned in any court of the United States having competent juris- 
diction : Provided, that nothing herein contained shall be construed to 
prohibit the entry of any vessel having a passport granted under the 
authority of the French Republic, and solely employed for pvu-poses 
of political or national intercourse with the government of the United 
States, and not in any commercial intercourse, and which shall be re- 
ceived, and permitted by the President of the United States to remain 
within the same : And provided also, that until the first day of August 
next, and no longer, any ship or vessel, wholly owned or employed by 
a foreigner, other than any person resident in France, or in any of the 
dependencies of the French Republic, and which coming therefrom 
shall be destined to the United States, and shall arrive within the same, 
not having otherwise contravened this act, shall be required and per- 
mitted to depart therefrom, and in case she shall accordingly de- 
part, without any unreasonable delay, and without delivery, or at- 



74 THE CO-\TRO\ERSY OVER NEUTRAL RIGHTS 

tempting to deliver, any cargo or lading within the United States, such 
ship or vessel, or any cargo which may be on board the same, shall not 
be liable to the forfeiture aforesaid. 

Sec. 5. And be it further enacted, That if any ship or vessel, coming 
from any port or place within the territories of the French Republic, 
or any of the dependencies thereof, or with any cargo there obtained 
on board, but not destined to any port or place within the United 
States, shall be compelled by distress of weather, or other necessity, 
to put into any port or place within the limits of the United States, 
such ship or vessel shall be there hospitably received in the manner 
prescribed by the act, intituled "An act to regulate the collection of 
duties on imports and tonnage" ; and shall be permitted to make such 
repairs, and to obtain such supplies as shall be necessary to enable her 
to proceed according to her destination ; and such repairs and supplies 
being obtained, shall be thereafter required and permitted to depart. 
But if such ship or vessel shall not conform to the regulations pre- 
scribed by the act last mentioned, or shall unlade any part of her cargo, 
or shall take on board any cargo or supplies whatever, without the 
permit of the collector of the district previously obtained therefor, or 
shall refuse, or unreasonably delay to dep'^rt from and out of the 
United States, after having received a written notice to depart, which 
such collector may, and shall give, as soon as such ship or vessel shall be 
fit for sea; or having departed shall return to the United States, not 
being compelled thereto by further distress or necessity, in each and 
every such case, such ship or vessel and her cargo shall be forfeited 
and may be seized, and condemned in any court of the United States 
having competent jurisdiction. 

Sec. 6 And be it further enacted, That at any time after the passing 
of this act, it shall be lawful for the President of the United States, 
by his order to remit and discontinue for the time being, whenever he 
shall deem it expedient, and for the interest of the United States, all 
or any of the restraints and prohibitions imposed by this act, in re- 
spect to the territories of the French Republic, or to any island, port 
or place belonging to the said Republic, with which in his opinion a 
commercial intercourse may be safely renewed ; and also it shall be 
lawful for the President of the United States, whenever he shall 
afterwards deem it expedient, to revoke such order, and hereby to 
re-establish such restraints and prohibitions. And the President of the 



BETWEEN THE UNITED STATES AND FRANCE, 1797-1800 75 

United States shall be, and he is hereby authorized, to make procla- 
mation thereof accordingly. 

Sec. 7. And be it further enacted. That the whole of the island of 
Hispaniola shall for the purposes of this act be considered as a de- 
pendency of the French Republic: Provided, that nothing herein 
contained shall be deemed to repeal or annul in any part, the order or 
proclamation of the President of the United States, heretofore is- 
sued for permitting commercial intercourse with certain ports of that 
island. 

Sec. 8. And be it further enacted, That it shall be lawful for the 
President of the United States, to give instructions to the pubhc armed 
vessels of the United States, to stop and examine any ship or vessel of 
the United States on the high sea, which there may be reason to sus- 
pect to be engaged in any traffic or commerce contrary to this act, and 
if upon examination, it shall appear that such ship or vessel is bound 
or sailing to, or from any port or place, contrary to the true intent 
and meaning of this act, it shall be the duty of the commander of 
such public armed vessel, to seize every ship or vessel engaged in 
such illicit commerce, and send the same to the nearest convenient port 
of the United States, to be there prosecuted in due course of law, and 
held liable to the penalties and forfeitures provided by this act. 

Sec. 9. And be it further enacted, That all penalties and forfeitures 
incurred by force of this act, shall, and may be examined, mitigated 
and remitted in like manner, and under the like conditions, regulations 
and restrictions, as are prescribed, authorized and directed by the act, 
intituled "An act to provide for mitigating, or remitting, the for- 
feitures, penalties and disabilities accruing in certain cases therein 
mentioned" ; and all penalties and forfeitures, which may be recovered 
in pursuance of this act in consequence of any seizure made by the 
commander of any public armed vessel of the United States, shall be 
distributed according to the rules prescribed by the act, intituled "An 
act for the government of the navy of the United States" ; and all other 
penalties arising under this act, and which may be recovered, shall be 
distributed and accounted for in the manner prescribed by the act, 
intituled "An act to regulate the collection of duties on imports and 
tonnage." 

Sec. 10. And be it further enacted. That nothing contained in this 
act shall extend to any ship or vessel to which the President of the 



76 THE CONTROVERSY OVER NEUTRAL RIGHTS 

United States shall grant a permission to enter and clear ; provided such 
ship or vessel shall be solely employed, pursuant to such permission, for 
purposes of national intercourse ; and shall not be permitted to pro- 
ceed with, or to bring to the United States any cargo or lading what- 
ever other than necessary sea-stores. 

Sec. 11. And be it further enacted, That the act, intituled "An 
act further to suspend the commercial intercourse between the United 
States and France, and the dependencies thereof," shall be, and is 
hereby continued and shall be taken to be in force in respect to all 
offences, which shall have been committed against the same, before the 
expiration thereof ; and to the intent that all seizures, forfeitures and 
penalties arising upon such ofifences, may be had. sued for, prosecuted 
and recovered, any limitation of the said act to the contrary hereof 
notwithstanding". 

Sec. 12. And be it further enacted, That this act shall be and remain 
in force until the third day of March, one thousand eight hundred 
and one : Provided, hozvever, the expiration thereof shall not prevent 
or defeat any seizure, or prosecution for a forfeiture incurred under 
this act, and during the continuance thereof. 

Approved, February 27, 1800. 



Chap. XXVII. — An Act to continue in force the act intitidcd "An act 
to authorize the defence of the merchant vessels of the United States 
against French depredations."^ 

Bt it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the act passed 
on the twenty-fifth day of June, one thousand seven hundred and 
ninety-eight, intituled "An act to authorize the defence of the merchant 
vessels of the United States against French depredations," excepting 
such parts of the said act as relate to salvage in cases of recapture, 
shall continue and be in force for and during the term of one year, 
and from thence to the end of the next session of Congress there- 
after, and no longer. 

Approved, April 22, 1800. 



'Statutes at Large, vol. II, p. 39. 



Proclamations 

Proclamation of June 26, 1799^ 

BY THE PRESIDENT OF THE UNITED STATES OF 

AMERICA 

A Proclamation 

Whereas by an act of the Congress of the United States passed the 
9th day of February last, entitled "An act further to suspend the com- 
mercial intercourse between the United States and France and the 
dependencies thereof," it is provided that at any time after the passing 
of this act it shall be lawful for the President of the United States, if 
he shall deem it expedient and consistent with the interests of the 
United States, by his order to remit and discontinue for the time being 
the restraints and prohibitions by the said act imposed, either with re- 
spect to the French Republic or to any island, port, or place belonging 
to the said Republic with which a commercial intercourse may safely 
be renewed, and also to revoke such order whenever, in his opinion, the 
interest of the United States shall require ; and he is authorized to 
make proclamation thereof accordingly ; and 

Whereas the arrangements which have been made at St. Domingo 
for the safety of the commerce of the United States and for the ad- 
mission of American vessels into certain ports of that island do, in my 
opinion, render it expedient and for the interest of the United States 
to renew a commercial intercourse with such ports : 

Therefore I, John Adams, President of the United States, by virtue 
of the powers vested in me by the above-recited act, do hereby remit 
and discontinue the restraints and prohibitions therein contained within 
the limits and under the regulations here following, to wit : 

1. It shall be lawful for vessels which have departed or may depart 
from the United States to enter the ports of Cape Frangois and Port 
Republicain, formerly called Port-au-Prince, in the said island of St. 
Domingo, on and after the 1st day of August next. 

2. No vessel shall be cleared for any other port in St. Domingo than 
Cape Frangois and Port Republicain. 



iRichardson, Messages, vol. I, p. 288. 



78 * THE CONTROVERSY OVER NEUTRAL RIGHTS 

3. It shall be lawful for vessels which shall enter the said ports of 
Cape Frangois and Port Republicain after the 31st day of July next to 
depart from thence to any other port in said island between Monte 
Christi on the north and Petit Goave on the west; provided it be done 
with the consent of the Government of St. Domingo and pursuant to 
certificates or passports expressing such consent, signed by the consul- 
general of the United States or consul residing at the port of departure. 

4. All vessels sailing in contravention of these regulations will be 
out of the protection of the United States and be, moreover, liable to 
capture, seizure, and confiscation. 

Given under my hand and the seal of the United States, at Philadel- 
phia, the 26th day of June, A. D. 1799, and of the Independence of 
the said States the twenty-third. 

(Seal.) John Adams. 

By the President: 

Timothy Pickering, 
Secretary of State. 



Proclamation of May p, i8od^ 

PROCLAMATION 

May 9, 1800. 
Whereas by an act of Congress of the United States passed the 27th 
day of February last, entitled "An act further to suspend the commer- 
cial intercourse betwen the United States and France and the dependen- 
cies thereof," it is enacted that at any time after the passing of the said 
act it shall be lawful for the President of the United States, by his 
order, to remit and discontinue for the time being, whenever he shall 
deem it expedient and for the interest of the United States, all or any 
of the restraints and prohibitions imposed by the said act in respect to 
the territories of the French Republic, or to any island, port, or place 
belonging to the said Republic with which, in his opinion, a commercial 
intercourse may be safely renewed, and to make proclamation thereof 
accordingly ; and it is also thereby further enacted that the whole of the 
island of Hispaniola shall, for the purposes of the said act, be con- 
sidered as a dependence of the French Republic , and 



^Richardson, Messages, vol. I, p. 302. 



BETWEEN THE UNITED STATES AND FRANCE, 1797-1800 79 

Whereas the circumstances of certain ports and places of the said 
island not comprised in the proclamation of the 26th day of June, 1799, 
are such that I deem it expedient and for the interest of the United 
States to remit and discontinue the restraints and prohibitions imposed 
by the said act in respect to those ports and places in order that a 
commercial intercourse with the same may be renewed : 

Therefore I, John Adams, President of the United States, by virtue 
of the powers vested in me as aforesaid, do hereby remit and discon- 
tinue the restraints and prohibitions imposed by the act aforesaid in 
respect to all the ports and places in the said island of Hispaniola from 
Monte Christi on the north, round by the eastern end thereof as far as 
the port of Jacmel on the south, inclusively. And it shall henceforth 
be lawful for vessels of the United States to enter and trade at any 
of the said ports and places, provided it be done with the consent of the 
Government of St. Domingo. And for this purpose it is hereby re- 
quired that such vessels first enter the port of Cape Frangois or Port 
Republicain, in the said island, and there obtain the passports of the 
said Government, which shall also be signed by the consul-general or 
consul of the United States residing at Cape Frangois or Port Repub- 
licain, permitting such vessel to go thence to the other ports and 
places of the said island hereinbefore mentioned and described. Of all 
which the collectors of the customs and all other officers and citizens of 
the United States are to take due notice and govern themselves. 

In testimony, etc. 

John Adams. 



Proclamation of September 6, i8oo^ 

BY JOHN ADAMS, PRESIDENT OF THE UNITED STATES 

OF AMERICA 

A Proclamation 

Whereas by an act of the Congress of the United States passed on 
the 27th day of February last, entitled "An act further to suspend the 
commercial intercourse between the United States and France and the 
dependencies thereof," it is enacted "that at any time after the pass- 
ing of the said act it shall be lawful for the President of the United 



so • THE CONTROVERSY OVER NEUTRAL RIGHTS 

States, by his order, to remit and discontinue for the time being, 
whenever he shall deem it expedient and for the interest of the United 
States, all or any of the restraints and prohibitions imposed by the 
said act in respect to the territories of the French Republic, or to any 
island, port, or place belonging to said Republic with which, in his 
opinion, a commercial intercourse may be safely renewed, and to 
m.ake proclamation thereof accordingly;" and it is also thereby further 
enacted that the whole of the island of Hispaniola shall, for the pur- 
poses of the said act, be considered as a dependence of the French 
Republic ; and 

Whereas the circumstances of the said island are such that, in my 
opinion, a commercial intercourse may safely be renewed with every 
part thereof, under the limitations and restrictions hereinafter men- 
tioned : 

Therefore I, John Adams, President of the United States, by virtue 
of the powers vested in me as aforesaid, do hereby remit and dis- 
continue the restraints and prohibitions imposed by the act aforesaid 
in respect to every part of the said island, so that it shall be lawful 
for vessels of the United States to trade at any of the ports and places 
thereof, provided it be done with the consent of the Government of St. 
Domingo ; and for this purpose it is hereby required that such vessels 
first clear for and enter the port of Cape Frangais or Port Republicain, 
in the said island, and there obtain the passports of the said Govern- 
ment, which shall also be signed by the consul-general of the United 
States, or their consul residing at Cape Franqais, or their consul re- 
siding at Port Republicain, permitting such vessels to go thence to the 
other ports and places of the said island. Of all which the collectors 
of the customs and all other officers and citizens of the United States 
are to take due notice and govern themselves accordingly. 

Given under my hand and the seal of the United States of America, 
at the city of Washington, this 6th day of September, A. D. 1800, 
and of the Independence of the said States the twenty-fifth. 

(Seal.) John Adams. 

By the President : 
J. Marshall, 

Secretary of State. 



^Richardson, Messages, vol. I, p. 304. 



APPENDIX 

Convention of Peace, Commerce and Navigation Between the 
United States and France^ 

Concluded September jo, 1800; ratifications exchanged at Paris, Jidy 
^i, 1801; proclaimed December 21, 1801 

The Premier Consul of the French Republic in the name of the 
people of France, and the President of the United States of America, 
equally desirous to terminate the differences which have arisen be- 
tween the two States, have respectfully appointed their Plenipoten- 
tiaries, and given them full power to treat upon those differences, and 
to terminate the same ; that is to say, the Premier Consul of the French 
Republic, in the name of the people of France, has appointed for the 
Plenipotentiaries of the said Republic the citizens Joseph Bonaparte, 
ex-Ambassador at Rome and Counsellor of State; Charles Pierre 
Claret Fleurieu, Member of the National Institute and of the Board 
of Longitude of France and Counsellor of State, President of the Sec- 
tion of Marine; and Pierre Louis Roederer, Member of the National 
Institute of France and Counsellor of State, President of the Section 
of the Interior; and the President of the United States of America, 
by and with the advice and consent of the Senate of the said States, 
has appointed for their Plenipotentiaries, Oliver Ellsworth, Chief 
Justice of the United States ; William Richardson Davie, late Governor 
of the State of North Carolina ; and William Vans Murray, Minister 
Resident of the United States at The Hague; who, after having ex- 
changed their full powers, and after full and mature discussion of the 
respective interests, have agreed on the following articles : 

Article I 

There shall be a firm, inviolable, and universal peace, and a true 
and sincere friendship between the French Republic and the United 
States of America, and between their respective countries, territories, 
cities, towns, and people, without exception of persons or places. 

Article II 

The Ministers Plenipotentiary of the two parties not being able to 
agree at present respecting the treaty of alliance of 6th February, 
1778, the treaty of amity and commerce of the same date, and the 

iMalloy, Treaties, etc., vol. 1, p. 496. 



82 • THE CONTROVERSY' OVER NEUTRAL RIGHTS 

convention of 14th of November, 1788, nor upon the indemnities 
mutually due or claimed, the parties will negociate further on these 
subjects at a convenient time, and until they may have agreed upon 
these points the said treaties and convention shall have no operation, 
and the relations of the two countries shall be regulated as follows: 

Article III 

The public ships which have been taken on one part and the other, 
or which may be taken before the exchange of ratifications, shall be 
restored. 

Article IV 

Property captured, and not yet definitively condemned, or which 
may be captured before the exchange of ratifications (contraband 
goods destined to an enemy's port excepted), shall be mutually re- 
stored on the following proofs of ownership, viz : The proof on both 
sides with respect to merchant ships, whether armed or unarmed, 
shall be a passport in the form following: 

"To all who shall sec these presents, greeting: 

'Tt is hereby made known that leave and permission has been given 

to , master and commander of the ship called , 

of the town of , burthen tons, or thereabouts, lying at 

present in the port and haven of ,and bound for ,and laden 

with ; after that his ship has been visited, and before sailing, 

he shall make oath before the officers who have the jurisdiction of 
maritime affairs, that the said ship belongs to one or more of the 

subjects of , the act whereof shall be put at the end of these 

presents, as likewise that he will keep, and cause to be kept, by his 
crew on board, the marine ordinances and regulations, and enter in 
the proper office a list, signed and witnessed, containing the names 
and surnames, the places of birth and abode of the crew of his ship, 
and of all who shall embark on board her. whom he shall not take on 
board without the knowledge and permission of the officers of the 
marine ; and in every port or haven where he shall enter with his 
ship, he shall shew this present leave to the officers and judges of the 
marine, and shall give a faithful account to them of what passed 
and was done during his voyage ; and he shall carry the colours, arms, 
and ensigns of the [French Republic or the United States] during.his 
voyage. In witness whereof we have signed these presents, and put 
the seal of our arms thereunto, and caused the same to be counter- 
signed by at the day of anno 

Domini." 

And this passport will be sufficient without any other paper, any 
ordinance to the contrary notwithstanding ; which passport shall not 
be deemed requisite to have been renewed or recalled, whatever num- 



BETWEEN THE UNITED STATES AND FRANCE, 1797-1800 83 

ber of voyages the said ship may have made, unless she shall have 
returned home within the space of a year. Proof with respect to the 
cargo shall be certificates, containing the several particulars of the 
cargo, the place whence the ship sailed and whither she is bound, 
so that the forbidden and contraband goods may be distinguished by 
the certificates ; which certificates shall have been made out by the 
officers of the place whence the ship set sail, in the accustomed form 
of the country. And if such passport or certificates, or both, shall 
have been destroyed by accident or taken away by force, their de- 
ficiency may be supplied by such other proofs of ownership as are 
admissible by the general usage of nations. Proof with respect to 
other than merchant ships shall be the commission they bear. 

This article shall take efl:ect from the date of the signature of the 
present convention. And if, from the date of the said signature, any 
property shall be condemned contrary to the intent of the said con- 
vention, before the knowledge of this stipulation shall be obtained, 
the property so condemned shall, without delay, be restored or paid 
for. 

Article V 

The debts contracted by one of the two nations with individuals 
of the other, or by the individuals of one with the individuals of the 
other, shall be paid, or the payment may be prosecuted, in the same 
manner as if there had been no misunderstanding between the two 
States. But this clause =;hall not extend to indemnities claimed on 
account of captures or confiscations. 

Article VI 

Commerce between the parties shall be free. The vessels of the 
two nations and their privateers, as well as their prizes, shall be treated 
in their respective ports as those of the nation the most favoured ; 
and, in general, the two parties shall enjoy in the ports of each other, 
in regard to commerce and navigation, the privileges of the most 
favoured nation. 

Article \'TI 

The citizens and inhabitants of the United States shall be at liberty 
to dispose by testament, donation, or otherwise, of their goods, move- 
able and immoveable, holden in the territory of the French Republic • 
in Europe, and the citizens of the French Republic shall have the 
same liberty with regard to goods, moveable and immoveable, holden 
in the territory of the United States, in favor of such persons as they 
shall think proper. The citizens and inhabitants of either of the two 
countries who shall be heirs of goods, moveable or immoveable, in 
the other, shall he able to succeed ab intestato. without being obliged 
to obtain letters of naturalization, and without having the effect of 



84 • THE CONTROVERSY OVER NEUTRAL RIGHTS 

this provision contested or impeded, under any pretext whatever; 
and the said heirs, whether such by particular title, or ab intestato, 
shall be exempt from any duty whatever in both countries. It is 
agreed that this article shall in no manner derogate from the laws 
which either State may now have in force, or hereafter may enact, 
to prevent emigration ; and also that in case the laws of either of the 
two States should restrain strangers from the exercise of the rights 
of property with respect to real estate, such real estate may be sold, 
or otherwise disposed of, to citizens or inhabitants of the country 
where it may be, and the other nation shall be at liberty to enact 
similar laws. 

Article VIII 

To favor commerce on both sides it is agreed that, in case a war 
should break out between the two nations, which God forbid, the 
term of six months after the declaration of war shall be allowed to 
the merchants and other citizens and inhabitants respectively, on one 
side and the other, during which time they shall be at liberty to with- 
draw themselves, with their effects and moveables, which they shall 
be at liberty to carry, send away, or sell, as they please, without the 
least obstruction ; nor shall their effects, much less their persons, be 
seized during such term of six months; on the contrary, passports, 
which shall be valid for a time necessary for their return, shall be 
given to them for their vessels and the effects which they shall be 
willing to send away or carry with them ; and such passports shall be 
a safe conduct against all insults and prizes which privateers may 
attempt against their persons and effects. And if anything be taken 
from them, or any injury done to them or their effects, by one of the 
parties, their citizens or inhabitants, within the term above prescribed, 
full satisfaction shall be made to them on that account. 

Article IX 

Neither the debts due from individuals of the one nation to indi- 
viduals of the other, nor shares, nor monies, which they may have in 
public funds, or in the public or private banks, shall ever, in any event 
of war or of national difference, be sequestered or confiscated. 

Article X 

It shall be free for the two contracting parties to appoint com- 
mercial agents for the protection of trade, to reside in France and the 
United States. Either party may except such place as may be thought 
proper from the residence of those agents. Before any agent shall 
exercise his functions, he shall be accepted in the usual forms by the 
party to whom he is sent : and w^hen he shall have been accepted and 
furnished with his exequatur, he shall enjoy the rights and preroga- 
tives of the similar agents of the most favoured nations. 



BETWEEN THE UNITED STATES AND FRANCE, 1797-1800 85 

Article XI 

The citizens of the French Republic shall pay in the ports, havens, 
roads, countries, islands, cities, and towns of the United States, no 
other or greater duties or imposts, of what nature soever they may be, 
or by what name soever called, than those which the nation most 
favoured are or shall be obliged to pay; and they shall enjoy all the 
rights, liberties, privileges, immunities, and exemptions in trade, navi- 
gation, and commerce, whether in passing from one port in the said 
State to another, or in going to and from the same from and to any 
part of the world, which the said nations do or shall enjoy. And the 
citizens of the United States shall reciprocally enjoy, in the territories 
of the French Republic in Europe, the same privileges and immuni- 
ties, as well for their property and persons as for what concerns trade, 
navigation, and commerce. 

Article XII 

It shall be lawful for the citizens of either country to sail with their 
ships and merchandise (contraband goods always excepted) from any 
port whatever to any port of the enemy of the other, and to sail and 
trade with their ships and merchandise, with perfect security and 
liberty, from the countries, ports, and places of those who are enemies 
of both, or of either party, without any opposition or disturbance 
whatsoever, and to pass not only directly from the places and ports 
of the enemy aforementioned to neutral ports and places, but also 
from one place belonging to an enemy to another place belonging to 
an enemy, whether they be under the jurisdiction of the same Power 
or under the several, unless such ports or places shall be actually 
blockaded, besieged, or invested. 

And whereas it frequently happens that vessels sail for a port or 
place belonging to an enemy without knowing that the same is either 
besieged, blockaded, or invested, it is agreed that every vessel so cir- 
cumstanced may be turned away from such port or place, but she shall 
not be detained, nor any part of her cargo, if not contraband, be con- 
fiscated, unless, after notice of such blockade or investment, she shall 
again attempt to enter ; but she shall be permitted to go to any other 
port or place she shall think proper. Nor shall any vessel of either 
that may have entered into such port or place before the same was 
actually besieged, blockaded, or invested by the other, be restrained 
from quitting such place with her cargo, nor if found therein after the 
reduction and surrender of such place shall such vessel or her cargo be 
liable to confiscation, but thev shall be restored to the owners thereof. 

Article XIII 

In order to regulate what shall be deemed contraband of war, there 
shall be comprised, under that denomination, gun-powder, saltpetre. 



86 * THE CONTROVERSY OVER NEUTRAL RIGHTS 

petards, match, ball, bombs, grenades, carcasses, pikes, halberts, swords, 
belts, pistols, holsters, cavalry-saddles and furniture, cannon, mortars, 
their carriages and beds, and generally all kinds of arms, ammunition 
of war, and instruments fit for the use of troops ; all the above articles, 
whenever they are destined to the port of an enemy, are hereby de- 
clared to be contraband, and just objects of confiscation ; but the 
vessel in which they are laden, and the residue of the cargo, shall 
be considered free, and not in any manner infected by the prohibited 
goods, whether belonging to the same or a different owner. 

Articie XIV 

It is hereby stipulated that free ships shall give a freedom to goods, 
and that everything shall be deemed to be free and exempt which 
shall be found on board the ships belonging to the citizens of either 
of the contracting parties, although the whole lading, or any part 
thereof, should appertain to the enemies of either, contraband goods 
being always excepted. It is also agreed, in like manner, that the 
same liberty be extended to persons who are on board a free ship, 
with this effect, that although they be enemies to either party, they 
are not to be taken out of that free ship, unless they are soldiers and 
in actual service of the enemy. 

Article XV 

On the contrary, it is agreed that whatever shall be found to be 
laden by the citizens of either party on any ship belonging to the 
enemies of the other, or their citizens, shall be confiscated without 
distinction of goods, contraband or not contraband, in the same man- 
ner as if it belonged to the enemy, except such goods and merchan- 
dizes as were put on board such ship before the declaration of war, or 
even after such declaration, if so be it were done without knowledge 
of such declaration ; so that the goods of the citizens of either party, 
whether they be of the nature of such as are prohibited, or other- 
wise, which, as is aforesaid, were put on board any ship belonging to 
an enemy before the war, or after the declaration of the same, without 
the knowledge of it, shall no ways be liable to confiscation, but shall 
well and truly be restored without delay to the proprietors demanding 
the same ; but so as that if the said merchandizes be contraband, it 
shall not be any ways lawful to carry them afterwards to any ports 
belonging to the enemy. The two contracting parties agree that the 
term of two months being passed after the declaration of war. their 
respective citizens, from whatever part of the world they come, shall 
not plead the ignorance mentioned in this article. 



BETWEEN THE UNITED STATES AND FRANCE, 1797-1800 87 

Article XVI 

The merchant ships belonging to the citizens of either of the con- 
tracting parties, which shall be bound to a port of the enemy of one 
of the parties, and concerning whose voyage and the articles of their 
cargo there shall be just grounds of suspicion, shall be obliged to 
exhibit, as well upon the high seas as in the ports or roads, not only 
their passports, but likewise their certificates, showing that their goods 
are not of the quality of those which are specified to be contraband in 
the thirteenth article of the present convention. 

Article XVII 

And that captures on light suspicions may be avoided, and injuries 
thence arising prevented, it is agreed that when one party shall be 
engaged in war, and the other party be neuter, the ships of the neu- 
tral party shall be furnished with passports similar to that described 
in the fourth article, that it may appear thereby that the ships really 
belong to the citizens of the neutral party ; they shall be valid for 
any number of voyages, but shall be renewed every year; that is, 
if the ship happens to return home in the space of a year. If the 
ships are laden, they shall be provided not only with the passports 
above mentioned, but also with certificates similar to those described 
in the same article, so that it may be known whether they carry any 
contraband goods. No other paper shall be required, any usage or 
ordinance to the contrary notwithstanding. And if it shall not appear 
from the said certificates that there are contraband goods on board, 
the ships shall be permitted to proceed on their voyage. If it shall 
appear from the certificates that there are contraband goods on board 
any such ship, and the commander of the same shall offer to deliver 
them up, the offer shall be accepted, and the ship shall be at liberty 
to pursue its voyage, unless the quantity of contraband goods be 
greater than can conveniently be received on board the ship of war 
or privateer, in which case the ship may be carried into port for the 
delivery of the same. 

If any ship shall not be furnished with such passport or certificates 
as are above required for the same, such case may be examined by a 
proper judge or tribunal, and if it shall appear from other documents 
or proofs admissible by the usage of nations, that the ship belongs to 
the citizens of the neutral party, it shall not be confiscated, but shall 
be released with her cargo (contraband goods excepted) and be per- 
mitted to proceed on her voyage. 

If the master of a ship named in the passport should happen to die. 
or be removed by any other cause, and another put in his place, the 
ship and cargo shall nevertheless be equally secure, and the passport 
remain in full force. 



88 •THE CONTROVERSY OVER NEUTRAL RIGHTS 

Article XVIII 

If the ships of the citizens of either of the parties shall be met with, 
either sailing along the coasts or on the high seas, by any ship of war 
or privateer of the other, for the avoiding of any disorder the said 
ships of war or privateers shall remain out of cannon-shot, and may 
send their boats on board the merchant ship which they shall so meet 
with, and may enter her to the number of two or three men only, to 
whom the master or commander of such ship shall exhibit his pass- 
port concerning the property of the ship, made out according to the 
form prescribed in the fourth article. And it is expressly agreed 
that the neutral party shall in no case be required to go on board the 
examining vessel for the purpose of exhibiting his papers, or for any 
other examination whatever. 

Article XIX 

It is expressly agreed by the contracting parties that the stipula- 
tions above mentioned, relative to the conduct to be observed on the 
sea by the cruisers of the belligerent party towards the ships of the 
neutral party, shall be applied only to ships sailing without convoy ; 
and when the said ships shall be convoyed, it being the intention of 
the parties to observe all the regard due to the protection of the flag 
displayed by public ships, it shall not be lawful to visit them ; but the 
verbal declaration of the commander of the convoy, that the ships he 
convoys belong to the nation whose flag he carries, and that they have 
no contraband goods on board, shall be considered by the respective 
cruisers as fully sufficient, the two parties reciprocally engaging not to 
admit, under the protection of their convoys, ships which shall carry 
contraband goods destined to an enemy. 

Article XX 

In all cases where vessels shall be captured or detained, under pre- 
tence of carrying to the enemy contraband goods, the captor shall 
give a receipt for such of the papers of the vessel as he shall retain, 
which receipt shall be annexed to a descriptive list of the said -papers ; 
and it shall be unlawful to break up or open the hatches, chests, trunks, 
casks, bales, or vessels found on board, or remove the smallest part of 
the goods, unless the lading be brought on shore in presence of the 
competent officers, and an inventory be made by them of the said 
goods ; nor shall it be lawful to sell, exchange, or alienate the same in 
any manner, unless there shall have been lawful process, and the com- 
petent judge or judges shall have pronounced against such goods sen- 
tence of confiscation, saving always the ship and the other goods which 
it contains. 



BETWEEN THE UNITED STATES AND FRANCE, 1797-1800 89 

Article XXI 

And that proper care may be taken of the vessel and cargo, and 
embezzlement prevented, it is agreed that it shall not be lawful to 
remove the master, commander, or supercargo of any captured ship 
from on board thereof, either during the time the ship may be at sea 
after her capture, or pending the proceedings against her or her cargo, 
or anything relative thereto. And in all cases where a vessel of the 
citizens of either party shall be captured or seized, and held for adjudi- 
cation, her officers, passengers, and crew shall be hospitably treated. 
They shall not be imprisoned or deprived of any part of their wearing 
apparel, nor of the possession and use of their money, not exceeding 
for the captain, supercargo, and mate five hundred dollars each, and 
for the sailors and passengers one hundred dollars each. 

Article XXII 

It is further agreed that in all cases the established courts for prize 
causes, in the country to which the prizes may be conducted, shall alone 
take cognizance of them. And whenever such tribunal of either of the 
parties shall pronounce judgment against any vessel or goods, or prop- 
erty claimed by the citizens of the other party, the sentence or decree 
shall mention the reasons or motives on which the same shall have been 
founded, and an authenticated copy of the sentence of decree, and of 
all the proceedings in the case, shall, if demanded, be delivered to the 
commander or agent of the said vessel, without any delay, he paying 
the legal fees for the same. 

Article XXIII 

And that more abundant care may be taken for the security of the 
respective citizens of the contracting parties, and to prevent their suf- 
fering injuries by the men-of-war or privateers of either party, all 
commanders of ships of war and privateers, and all others the said 
citizens, shall forbear doing any damage to those of the other party, 
or committing any outrage against them, and if they act to the con- 
trary they shall be punished, and shall also be bound in their persons 
and estates to make satisfaction and reparation for all damages and 
the interest thereof, of whatever nature the said damages may be. 

For this cause all commanders of privateers, before they receive 
their commissions, shall hereafter be obliged to give, before a com- 
petent judge, sufficient security by at least two responsible sureties 
who have no interest in the said privateer, each of whom, together 
with the said commander, shall be jointly and severally bound in 
the sum of seven thousand dollars or thirty-six thousand eight hun- 
dred and twenty francs, or if such ships be provided with above one 
hundred and fifty seamen or soldiers, in the sum of fourteen thousand 



SK) The controversy over neutral rights 

dollars, or seventy-three thotisand six hundred and forty francs, to 
satisfy all damages and injuries which the said privateer, or her 
officers, or men, or any of them, may do or commit during their 
cruise, contrary to the tenor of this convention, or to the laws and 
instructions for regulating their conduct ; and further, that in all 
cases of aggression the said commission shall be revoked and annulled. 

Article XXIV 

When the ships of war of the two contracting parties, or those be- 
longing to their citizens which are armed in war, shall be admitted 
to enter with their prizes the ports of either of the two parties, the 
said public or private ships, as well as their prizes, shall not be obliged 
to pay any duty either to the oflicers of the place, the judges, or any 
others ; nor shall such prizes, when they come to and enter the ports 
of either party, be arrested or seized, nor shall the officers of the 
place make examination concerning the lawfulness of such prizes ; 
but they may hoist sail at any time and depart, and carry their prizes 
to the places expressed in their commissions, which the commanders 
of such ships of war shall be obliged to shew. It is always under- 
stood that the stipulations of this article shall not extend beyond the 
privileges of the most favored nation. 

Article XXV 

It shall not be lawful for any foreign privateers who have commis- 
sions from any Prince or State in enmity with either nation, to fit 
their ships in the ports of either nation, to sell their prizes, or in any 
manner to exchange them ; neither shall they be allowed to purchase 
provisions, except such as shall be necessary for their going to the 
next port of that Prince or State from which they have received their 
commissions. 

Article XXVI 

It is further agreed that both the said contracting parties shall not 
only refuse to receive any pirates into any of their ports, havens, or 
towns, or permit any of their inhabitants to receive, protect, harbor, 
conceal, or assist them in any manner, but will bring to condign pun- 
ishment all such inhabitants as shall be guilty of such acts or offenses. 

And all their ships, with the goods or merchandises, taken by them 
and brought into the port of either of the said parties, shall be seized 
as far as they can be discovered, and shall be restored to the owners, 
or their factors or agents duly authorized by them (proper evidence 
being first given before competent judges for proving the property;) 
even in case such effects should have passed into other hands by sale, 
if it be proved that the buyers knew or had good reason to believe or 
suspect that J:hey had been piratically taken. 



BETWEEN THE UNITED STATES AND FRANCE, 1797-1800 91 

Article XXVII 

Neither party will intermeddle in the fisheries of the other on its 
coasts, nor disturb the other in the exercise of the rights which it now 
holds or may acquire on the coast of Newfoundland, in the Gulph of 
St. Lawrence, or elsewhere on the American coast northward of the 
United States. But the whale and seal fisheries shall be free to both 
in every quarter of the world. 

This convention shall be ratified on both sides in due form, and the 
ratifications exchanged in the space of six months, or sooner, if 
possible. 

In faith whereof the respective Plenipotentiaries have signed the 
above articles both in the French and English languages, and they 
have thereto afiixed their seals : declaring, nevertheless, that the sign- 
ing in the two languages shall not be brought into precedent, nor in 
any way operate to the prejudice of either party. 

Done at Paris the eighth day of Vendemiaire of the ninth year of 
the French Republic, the thirtieth day of September, anno Domini 
eighteen himdred. 

[seal.] J. Bonaparte. 

[seal.] C. p. Fleurieu. 

[seal.] Roederkr. 

[seal.] O. Ellsworth. 

[seal.] ■ W. R. Davie. 

[seal.] W. V. Murray. 



Note : — The Senate of the United States did, by their resolution of the 3d day 
of February, 1801, consent to and advise the ratification of the convention : 
Provided, The second _ article be expunged, and that the following article be 
added or inserted : "It is agreed that the present convention shall be in force for 
the term of eight years frorn the time of the exchange of the ratifications." 

Bonaparte, First Consul, in the name of the French people, consented on the 
31st July, 1801, "to accept, ratify, and confirm the above convention, with the 
addition importing that the convention shall be in force for the space of eight 
years, and with tlie retrenchment of the second article: Provided, That by this 
retrenchment the two States renounce the respective pretensions, which are the 
object of the said article." 

These ratifications having been exchanged at Paris on the 31st of July, 1801, 
were again submitted to the Senate of the United States, which on the 19th 
of December, 1801, declared the convention fully ratified, and returned it to the 
President for promulgation. (Malloy, p. 505.) 



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ment by Naval Forces in Time of War. iv— ^ p. 



No. 18 The Hague Convention (XI) of 1907 relative to Certain 
Restrictions with regard to the Exercise of the Right 
OF Capture in Naval War. iv — 6 p. 

No. 19 The Hague Convention (XII) of 1907 relative to the Crea- 
tion of an International Prize Court, iv — 21 p. 

No. 20 The Hague Convention (XIII) of 1907 concerning the Rights 
and Duties of Neutral Powers in Naval War. iv — 11 p. 

No. 21 The Geneva Convention of 1906 for the Amelioration of the 
Condition of the Wounded in Armies in the Field, iv — 
17 p. 

No. 22 Documents Respecting the Limitation of Armaments, v — 
32 p. 

No. 23 Official Communications and Speeches Relating to Peace 
Proposals, vi — 100 p. 

Books 

*The Hague Conventions and Declarations of 1899 and 1907, 2d. ed. 
Edited by James Brown Scott, Director. xxxiii — 303 p. 
Price, $2.00. 

*Las Convenciones y Declaraciones de la Haya de 1899 y 1907. Edited 
by James Brown Scott, Director, xxxv — 301 p. Price, $2.00. 

*The Freedom of the Seas. A dissertation by Hugo Grotius. Trans- 
lated with a revision of the Latin text of 1633, by Ralph van 
Deman Magoffin, Ph.D. Edited by James Brown Scott, Di- 
rector. XV— 83 p. (Parallel pp.) Price, $2.00. 

*Instructions to the American Delegates to the Hague Peace Con- 
ferences AND Their Official Reports. Edited by James 
Brown Scott, Director, v — 138 p. Price, $1.50. 

*The Status of the International Court of Justice, with an appendix 
of addresses and official documents, by James Brown Scott. 
v— 93 p. Price, $1.50. 

*An International Court of Justice, by James Brown Scott, ix — 108 p. 
Price, $1.50. 

♦Recommendations on International Law and Official Commentary 
Thereon of the Second Pan American Scientific Congress 
HELD in Washington, December 27, 191S-January 8, 1916. 
Edited by James Brown Scott, Director. vii — 53 p. Price, 
$1.00. 

*An Essay on a Congress of Nations for the Adjustment of Inter- 
national Disputes without Resort to Arms, by William 
Ladd. Reprinted from the original edition of 1840, with an 
introduction by James Brown Scott. 1 — 162 p. Price, $2.00. 

*The Hague Court Reports, comprising the awards, accompanied by 
syllabi, the agreements for arbitration, and other documents 
in each case submitted to the Permanent Court of Arbitra- 
tion and to commissions of inquiry under the provisions of 
the Conventions of 1899 and 1907 for the pacific settlement 
of international disputes. Edited by James Brown Scott, Di- 
rector. 800 p. Price, $3.50. 

♦Resolutions of the Institute of International Law Dealing with 
the Law of Nations, with an historical introduction and ex- 
planatory notes. Collected and translated under the super- 
vision of and edited by James Brown Scott, Director, xli — 
261 p. Price, $2.00. 

♦Diplomatic Documents Relating to the European War. Edited by 
James Brown Scott. 2 vols. Price, $7.50. 



Classics of International Law 

This series will include the leading works on International Law, the republica- 
tion of which has been undertaken principally on account of the difficulty of pro- 
curing the texts in convenient form for scientific study. The text of each author 
will be reproduced pliotographically, so as to lay the source before the reader 
without the mistakes which creep into a newly printed text. An Introduction will 
be prefixed to each work, giving the necessary biographical details concerning its 
author and stating the importance of the text and its place in International Law ; 
tables of errata in the original will be added when necessary, and notes to clear 
up doubts and ambiguities or to correct mistakes in the text will be supplied. Each 
work will be accompanied by an English version made expressly for the series 
by a competent translator. James Brown Scott, Director of the Division of 
International Law, will supervise these publications as General Editor. 

ZoucHE, Richard: Juris et Judicii Fecialis, sive, Juris inter Gentes et Quaes- 

tionum de Eodem Explicatio. 2 vols $4.00 

Vol. I. A Reproduction of the First Edition (1650), with portrait of 

Zouche. Introduction by Thomas E. Holland, List of Errata, and 

Table of Authors. Pages xvi+204. 
Vol. II. Translation of the Text, by J. L. Brierly. Pages xvii+186. 
Ayala, Balthazar : De Jure et Officiis Bellicis et Disciplina Militari. 

2 vols $7.00 

Vol. I. A Reproduction of the Edition of 1582, with portrait of Ayala. 

Introduction by John Westlakc, etc. Pages xxvii-|-226. 
Vol. II. Translation of the Text, by John Pawley Bate. Pages xvi4-245. 

Vattel, E. de : Le Droit des Gens. 3 vols $8.00 

Vol. I. A Photographic Reproduction of Books I and II of the First 

Edition (1758), with an Introduction by Albert de Lapradelle. 

Lix-1-541 pages, and portrait of Vattel. 
Vol. II. A Photographic Reproduction of Books III and IV of the First 

Edition (1758). xxiv+376 pages. 
Vol. III. Translation of the Edition of 1758 (by Charles G. Fenwick), 

with translation (by G. D. Gregory) of Introduction by Albert de 

Lapradelle. lxxxviii+398 pages. 
Rachel, Samuel: De Jure Naturae et Gentium Dissertationes. Edited by 

Ludwig von Bar. 2 vols $4.00 

Vol. I. A Reproduction of the Edition of 1676, with portrait of Rachel, 

Introduction by Ludwig von Bar, and List of Errata. Pages 

16A-1-X+335. 
Vol. II. A Translation of the Text, by John Pawley Bate, with Index of 

Authors Cited. Pages 16a+iv+233. 
Textor, Johann Wolfgang: Synopsis Juris Gentium. Edited by Ludwig 

von Bar. 2 vols. Price to be announced. 
Vol. I. A Reproduction of the First Edition (1680), with portrait of 

Textor, Introduction by Ludwig von Bar, and List of Errata. Pages 

28A+vi+148-fl68. 
Vol. II. A Translation of the Text, by John Pawley Bate, with Index of 

Authors Cited. Pages 26a+v+349. 
Victoria, Franciscus A: Relectiones : De Indis a)id De Jure Belli. Intro- 
duction by Ernest Nys. Translated by John Pawley Bate. Price to 

be announced. 



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